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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1’s misunderstanding of the facts (the violation of the Medical Service Act, No. 4 times a year in the annexed crime list among the facts charged in the instant case) did not receive KRW 5 million from a policeman E with rebates on December 2, 2015, the lower court found Defendant guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.
2) The charge of this case is not a relation of a single comprehensive crime, but a relation of concurrent crimes, because the person who provided the date, time, place, or money of the annexed crime Nos. 1, 2, and 3 among the charges of this case was different. Thus, the court below acquitted the defendant on the violation of the Medical Service Act in the annexed crime Nos. 1, 2, and 3 among the charges of this case. However, the court below acquitted the defendant on this part of the charges, which is erroneous in the misunderstanding of legal principles.
B. Prosecutor 1) The lower court found the Defendant not guilty of this part of the facts charged, although taking account of the following: (a) misunderstanding of the facts (the charge in this case, of violation of the Medical Service Act at least 1, 2, and 3 times each year in the list of crimes in the attached Table of the crime in question; (b) F, E, G’s statements; (c) the personal source rebates provision status; and (d) the current status of the offering of rebates in detail, etc., of rebates; and (b) 3 million won from F in the police officer on July 2014, 20; and (c) 5 million won from E in the police officer on June 2015; and (d) the lower court found the Defendant guilty of this part of the facts charged.
2) The lower court’s sentence (2,500,000 won and penalty surcharge of KRW 5,000,000) against an unfair defendant in sentencing is too uneasible and unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts (the charge of violating the Medical Service Act 4 times a year in the list of crimes in the indictment of this case)
A. The summary of this part of the facts charged is a doctor who operates a “C Council member” in Busan-gu B, and medical personnel shall adopt drugs from a person who has obtained marketing approval of drugs.