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(영문) 서울서부지방법원 2017.01.19 2016노1355
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment, 160 hours of community service order, additional collection 43,710,000 won) is too unreasonable.

2. The judgment is based on the circumstances favorable to the Defendant, including the fact that the Defendant led to the confession and the Defendant’s mistake, and there is no previous conviction exceeding a fine. However, since the medical profession’s practices are highly harmful to the nation as the choice of the drug is highly likely to be determined depending on whether or not to offer rebates rather than the treatment synthetics for the patient, the patient’s increase in the patient’s weak value burden and the financial aggravation of the health insurance, etc., it is necessary to impose strict liability corresponding to the act of receiving rebates illegally, and the period of receiving rebates is three years or more, and the amount of receiving rebates is not less than three years, and the Defendant has been subject to the summary order of KRW 4 million due to the violation of the Medical Service Act due to the number of rebates, and the Defendant has been subject to the fact that the Defendant received rebates again despite the fact that the Defendant was subject to the Defendant’s age, career, sexual behavior, environment, motive of the instant crime, means and method of the instant crime, and all the conditions of the pleadings and the records, etc.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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