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(영문) 대구지방법원 2018.05.03 2017노4051
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant received a report on the schedule of a special health examination from the NO on a business trip, but there is no other report, and theO did not instruct the N to enter his/her name in the column of the “A dental examination and dental organization inspection slip for dental purposes” and did not know that his/her name was entered. Therefore, there was no conspiracy with C, G, I, or L in sequence.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In the relation of co-offenders who are jointly engaged in a crime by more than two relevant legal principles, the conspiracy does not require any legal penalty, but is only a combination of two or more persons to jointly process a crime and realize the crime, and there was no overall conspiracy.

In light of the following circumstances, the lower court’s judgment and the evidence duly admitted and investigated by the first instance court, and the lower court, based on the following facts, found the Defendant guilty of the charge of the instant case where the Defendant conspireds with C, G, I, and L, and falsely prepared “Stopy Inspection and Organization Inspection Table,” which is the inspection record, in collusion with C, G, I, and L, thereby constituting a joint principal offender’s criminal liability even if those who did not directly participate in the implementation of the act insofar as such conspiracy was conducted (see, e.g., Supreme Court Decision 2001Do4947, Jul. 26, 2002).

1) The Defendant had worked in F Hospital from April 2008 to December 31, 2016, and had a seal affixed when entering the hospital and delivered it to the employee in charge. As such, the Defendant knew at the hospital that if documents in the name of the Defendant are needed, the Defendant would use the seal affixed by the Defendant.

(ii)..

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