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(영문) 의정부지방법원 2020.06.26 2019노3474
의료법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The defense counsel's written opinion on March 6, 2020, which was submitted after the deadline for submitting the appellate brief, shall be examined only to the extent that it supplements the grounds for appeal.

The violation of the Medical Service Act related to misunderstanding of facts and misapprehension of legal principles, and the violation of the Medical Service Act related to the establishment of medical institutions, and the violation of the National Health Insurance Corporation's fraud by AC established and operated D Council members under the name of doctor F (hereinafter "instant Council members"), and the doctor F actually operated the instant Council members. The Defendants, who are merely the chief of the prime secretary and the chief of the prime secretary, did not establish and operate the instant Council members.

Nevertheless, the court below found the Defendants guilty of violating the Medical Service Act relating to the establishment of medical institutions and the fraud of the National Health Insurance Corporation under the premise that the Defendants established and operated the instant member of the National Assembly. The court below erred by misapprehending the legal principles and misapprehending the legal principles.

The court below found the defendant guilty of this part of the facts charged despite the defendants' instruction that nurses violated the Medical Service Act related to unlicensed medical practice provided 15 medical care to patients. This part of the judgment of the court below is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

Even if all of the facts charged of this case’s unfair sentencing case’s charges are found guilty, each sentence of the lower court’s punishment (Defendant A: 5 years of imprisonment; Defendant B’s imprisonment with prison labor for one year and six months) is too unreasonable.

The purport of Article 33(2) of the Medical Service Act, which prohibits, in principle, the establishment of medical institutions by persons, other than medical personnel, medical corporations, and non-profit corporations, in violation of Article 87(1)2, as well as the provision that punishs the Defendants in violation of Article 87(2).

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