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(영문) 대법원 2017.02.03 2016도19625
의료법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the facts charged in this case were guilty on the grounds stated in its reasoning is justifiable, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding the meaning of “nume” under Article 82 of the Medical Service Act, as alleged in the grounds of appeal.

In addition, the provision of Article 82 of the Medical Service Act cannot be seen as unconstitutional because it violates the principle of criminal punishment as provided by the Constitution or infringes on the right to equality, freedom to choose occupation, etc.

Therefore, we cannot accept the allegation of the grounds for appeal against this point.

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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