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(영문) 부산지방법원 2018.10.26 2018노1944
의료법위반
Text

The judgment of the court below is reversed.

The sentence of each sentence against the Defendants shall be suspended.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a fine of KRW 500,000 for each of the Defendants) is too unreasonable.

2. False or exaggerated advertisements under the Medical Service Act need to be strictly regulated in order to prevent confusion among the general public who lack medical knowledge.

However, if the Defendants were to have committed the instant crime in the first instance, the Defendants were to have no criminal history, and there are some circumstances to consider the background of the instant crime, in light of the content and nature of the instant advertisement, its degree and method (a relatively small letter on the right upper part of the instant advertisement, and the period of posting ( approximately four months), and the method of posting (in the inside bus), etc., the degree of false and exaggerated advertisements is more serious.

In light of all the favorable circumstances, such as the fact that the defendants immediately removed the advertisement of this case upon receiving the notice from the public health lawsuit, and other circumstances that are conditions for sentencing under Article 51 of the Criminal Act, which appear in the records and theories of the change of the records of this case, the court below's punishment is unreasonable.

All of the defendants' unfair arguments in sentencing are accepted.

3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 89 subparag. 1 of the former Medical Service Act (amended by Act No. 15540, Mar. 27, 2018; hereinafter the same shall apply) and Article 56 subparag. 3(3) of the same Act (amended by Act No. 15540, Mar. 27, 2018; hereinafter the same shall apply) Defendant A medical corporation: Articles 91, 89 subparag. 1, and 56(3) (Punishment) of the former Medical Service Act.

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