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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
The sentence of sentence against A shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. Defendants (1) 1 of the legal principles that the lower court sentenced to more severe punishment than that of a summary order in relation to the case for which Defendant A requested formal trial in relation to Defendant A was made is unlawful in violation of the principle of prohibition of disadvantageous alteration.
② In relation to all the Defendants, in light of the fact that Defendant B did not face face with the patient immediately before the issuance of the instant medical prescription, it is deemed that the medical examination was conducted in accordance with face-to-face medical treatment, and even if not, it constitutes a justifiable act that does not go against social norms.
(2) The sentence imposed by the lower court on the Defendants (AA fine of KRW 1.5 million, B fine of KRW 700,000) is too unreasonable.
B. As to the case for which Defendant A requested a formal trial in relation to the Prosecutor (1) by misapprehending the legal principles, the lower court’s sentencing more severe punishment than that of the summary order is unlawful against the principle of prohibition of disadvantageous alteration.
(2) The sentence imposed by the lower court on Defendant B is too uneasible and unfair.
2. Determination
A. We also examine the Defendant A and the Prosecutor’s assertion on the assertion that it violates the principle of prohibition of disadvantageous alteration.
In a case where a formal trial has been demanded by the defendant against a summary order, no penalty heavier than that imposed by the summary order shall be pronounced.
(Article 457-2 of the Criminal Procedure Act). However, according to the records, the Incheon District Court issued a summary order of KRW 700,000 (2014 high-level 23452) to Defendant A on December 30, 2014, and requested a formal trial by Defendant A, and the lower court can recognize the fact that Defendant A made a fine of KRW 1,50,000 in the formal trial against Defendant A. As such, the lower court sentenced Defendant A to a more severe punishment than that of the summary order.