(영문) 대구지방법원 2015.11.12 2014노4100 | 리걸엔진

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(영문) 대구지방법원 2015.11.12 2014노4100

의료법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts did not have committed an inception or an inception procedure in collusion with B. 2) The sentence imposed by the lower court on the Defendant of unreasonable sentencing (two years of suspended execution in October, and one hundred and twenty hours of community service) is too unreasonable.

B. Defendant B (1) misunderstanding of facts only committed an act to the extent that he / she was in accordance with his/her hand and mind, and there was no fact that he/she performed an inception or an inception. 2) The Defendant’s above act by misunderstanding of legal principles is dismissed as an act that does not contravene social norms

3) The sentence imposed by the court below on the defendant (two years of suspended sentence in August) is too unreasonable. C. The sentence imposed by the court below on the defendant (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. The following facts and circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below, namely, the following facts and circumstances: (i) the F is relatively specific in line with the defendant A and B, or was given a blood transfusion treatment; (ii) the defendant A made a wide amount of nationwide service without having received money, and (iii) the defendant A made a statement that "the deceased was unable to get money, and his father and her mother was unable to get her child back to his father, and the payment was made at this point of time." In full view of the fact that the defendant conspireds with the defendant A and made a statement that "the deceased was a director at this point of time on the ground that he did not go back to her mother." The defendant's act of entering in the judgment of the court below and the defendant's act of entering in the judgment of the court below was not sufficient to recognize this part of the defendant's act of aggression and the defendant's act of entering in the judgment of the court below.

B. We examine the determination of the Defendant B’s assertion of mistake of facts, and the lower court duly adopted and investigated.

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