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(영문) 서울서부지방법원 2020.04.16 2019노1053
의료법위반
Text

Defendant

All appeals filed by C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C (Defendant C1) misunderstanding of facts) Defendant C merely received a total of KRW 2,90,000 ( KRW 100,000,000 around April 24, 2014, KRW 800,000 around May 20, 2014, KRW 90,000 around June 25, 2014, KRW 11,000 around July 29, 14) from a business employee G, but received a total of KRW 5,950,00,00,000,000,000,000 from a business employee G, was erroneous and unreasonable.

B. According to the evidence submitted by the prosecutor, Defendant B fully recognizes the fact that Defendant B received a total of KRW 3.6 million from business employees G, and Defendant B received a total of KRW 2.7 million, and the lower court acquitted Defendant B of the remainder of KRW 900,000,000.

B) According to the evidence submitted by the prosecutor, even if Defendant A sufficiently recognized the fact that Defendant A received a total of KRW 3.1 million from the business employee J, Defendant A only recognized the fact that Defendant A received a total of KRW 1.7 million, and the remainder of KRW 1.4 million was erroneous in the misapprehension of facts. 2) The lower court’s sentence of unfair sentencing (Defendant B: a fine of KRW 1.5 million, Defendant C: a fine of KRW 3 million, and Defendant A: a fine of KRW 1 million) is too unreasonable.

2. Defendant C also asserted that the above assertion of mistake of facts was identical to the above assertion of mistake of facts, and the court below rejected the above assertion by giving a detailed statement of its decision. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and thus, Defendant C’s assertion of mistake of facts is without merit.

3. Examining the judgment of the court below as to the prosecutor's assertion of mistake of facts in comparison with the evidence duly adopted and examined, the judgment is just and acceptable, and it seems that there was an error of mistake of facts as pointed out by the prosecutor.

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