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(영문) 대법원 2017.12.05 2017도12842
의료법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by Defendant CE counsel, which are not timely filed).

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court was justifiable to have determined that Defendant A was guilty of both violation of the Medical Service Act and the fraud against the victim of the instant charges on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the

2. Examining the reasoning of the lower judgment as to Defendant CE’s grounds for appeal in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court, on the grounds stated in its reasoning, found Defendant CE guilty of all of the facts charged in the instant case regarding Defendant CE’s violation of the Medical Service Act, the National Health Insurance Corporation’s fraud against victims, the violation of the Labor Standards Act (excluding the part dismissing public prosecution by the first instance court), and the fraud against the victim. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles regarding the establishment of medical institutions by non-medical personnel, the establishment and scope of

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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