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(영문) 대구지방법원 2014.06.19 2013노4158
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of 300,000 won) is too unreasonable.

2. Determination is based on the following: (a) the Defendant recognized the mistake of the Defendant; and (b) took into account the circumstances of the crime, as it leased the instant Hanwon Building on the condition that the Defendant uses signboards and content as it is.

However, the Defendant stated on the Han-won website of the instant case as “Advergy’s name, 1926 traditional traditional oriental medicine clinic, 1926, the Edvergy’s name,” and by allowing anyone to publish a patient’s treatment experience program on a bulletin board accessible to the public, the Defendant’s medical advertisement with no objective grounds or likely to mislead consumers, and the period during which the Defendant posted the advertisement is less than 10 months.

Medical service advertisements prohibited by the Medical Service Act need to go through the judgment on the choice of medical institutions or treatment methods by taking advantage of the imminent and imminent psychological condition of medical service consumers, and it is highly likely that it might affect the actual health protection or medical system of the people.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, it cannot be said that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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