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(영문) 부산고등법원 2017.06.28 2017노156
의료법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

(2).

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the two years of suspended sentence for defendant A: 3 years of imprisonment for a two-year term; community service work hours; 80 hours of imprisonment for defendant B; 2 years of suspended sentence for a one year and six months) is too unreasonable.

2. The prosecutor of the judgment ex officio changed the facts charged as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the same content as the previous one of the facts constituting the crime and the summary of evidence for which the judgment was used, and applied for the modification of the indictment with the content of adding "the crime and the pertinent legal provision" under the name of the crime and the applicable legal provision, and the court permitted it.

As a result of the modification of the bill of amendment, the part of the judgment of the court below on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) cannot be maintained as the subject of the judgment was changed, and this part of the facts charged and the violation of the Medical Service Act as stated in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to one punishment in accordance with

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

【Grounds for the Judgment of the court below 【The facts constituting a crime and the summary of the evidence admitted by the court - The summary of the facts constituting a crime and the summary of the evidence are as follows, and the facts constituting a crime in the original judgment are as stated in each corresponding column of the judgment below - As such, they are cited pursuant to Article 369 of the Criminal Procedure Act.

"Criminal facts constituting Hack"

2. The Defendants were in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes from March 13, 2014 to December 10, 2014, in fact, the fact in “M convalescent Hospital” is an individual hospital.

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