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(영문) 대법원 2017.12.28 2017도15769
의료법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the modified facts charged (excluding the portion not guilty of the reasoning of the lower judgment) based on its reasoning.

In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the bounds of the principle of free evaluation of evidence, or by misapprehending the statutory interpretation on Article 27(3) of the Medical Service Act and Article 44(1) of the National Health Insurance Act, or by misapprehending the legal doctrine on inducement of for-profit patients, claim for medical care benefits, and the standard and procedure for medical care benefits, etc.

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

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