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(영문) 부산지방법원 2019.06.13 2018노3617
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and unreasonable sentencing) does not serve as a monthly salary doctor under employment of D.

The determination of punishment (2 million won) is unreasonable.

2. Determination

A. The judgment of the lower court on the assertion of mistake of facts stated in the judgment of the lower court that “The defendant will bear all the opening costs, and the monthly pay will be paid KRW 14 million per month. It will not be problematic if it is converted into the name of AG while operating only the name for a period of two months.” It stated that “The nurse, who was employed by the nurse, was in exchange for KRW 150 million, such as the building deposit, etc., was set up at KRW 150 million.”

The evidence duly adopted and examined by the court below is supported by D's legal statement in the court below.

The defendant is recognized to have been involved in the crime of violation of the Medical Service Act in the manner of employment at a member of E established and operated by D as a monthly doctor.

There is no error in the judgment of the court below that affected the judgment.

B. As to the assertion on unfair sentencing, the lower court sentenced a penalty less than a fine of three million won (a fine of three million won) in a summary order.

Even if we re-examine the sentencing factors indicated in the record, such as sentencing and equity among co-defendants of the court below, the determination of the sentence in the court below is unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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