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(영문) 서울중앙지방법원 2016.06.09 2016노436
의료법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles are merely posted on the website the case where cancer was pre-paid due to the healthy life and skill training in C, and there was no medical practice at the training center, and the above posted by the Defendant does not constitute a medical advertisement.

In the judgment of the court below, there is an error of law by misunderstanding facts or by misapprehending legal principles, which affected the judgment.

(2) The sentence of the lower court that is unfair in sentencing (2 million won) is too unreasonable.

B. Prosecutor (1) misunderstanding of facts and misunderstanding of legal principles, the main text of this article on the website does not have been confirmed.

Even if a notice is combined with the title, contents, etc. of this notice, the notice of the defendant's website constitutes a medical advertisement by considering all as a whole.

In the judgment of the court below, the court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment.

(2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. (1) The Defendant’s assertion of misunderstanding the facts and misapprehension of the legal doctrine of the facts of the Defendant (1) is a person operating “C” to the effect that he treats cancer patients by influenceing them in a manner of influence at the substantial Gu, Cheongju-si, and around October 21, 2014, the Defendant advertised the following eight times in total, including: “E hospital disclosure verification data 1-F/ malicious cerebral cerebral cerebral cerebral cerebral cerebral cerebral Mady (Modal Madal Mady) therapy” from the time when the Defendant posted a notice on the “C” to the effect that he/she was infected with cancer treatment on the website (D) around October 21, 2014.

(2) The Medical Service Act strictly provides for the qualification requirements of medical personnel (Articles 2 and 4 through 11); prohibition of “medical practice” by a person other than a medical person (Article 27); prohibition of “advertisement on medical treatment” by a person other than a medical person (Article 56(1)); and prohibition of “advertisement on medical treatment” by a person other than a medical person (Article 56(1).

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