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(영문) 대구지방법원 2020.10.21 2019노4992
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The appellate brief submitted on January 9, 2020 by a defense counsel for mistake of facts stated only the grounds for appeal on the grounds of unfair sentencing, but there is room to regard the part of the appellate brief as a mistake of facts concerning the amount of money received. The defense counsel asserted the same reasons on the first day after the deadline for submitting the appellate brief, which is the first day after the deadline for submitting the appellate brief, as it stated that the same reasons

The evidence submitted by the prosecutor alone cannot be deemed to have proved the facts charged that the defendant received KRW 49 million from E, but the court below found the defendant guilty of the facts charged in this case.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended execution, and additional collection) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine and the evidence duly admitted and investigated by the lower court, the Defendant was granted KRW 49 million from E as indicated in the instant facts charged.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of mistake of facts as alleged by the defendant.

(1) E has made a concrete statement at an investigative agency on the motive, amount, etc. of giving money to the defendant as follows, and there is no motive for E to make a false statement at an investigative agency:

The Defendant held that “The Defendant had a large number of prescriptions of J K, but did not receive insurance money due to the wind that changes the criteria for medical insurance of the medicine, and the amount is approximately KRW 40 million.”

(78 pages 78 of investigation records) The Minister of Patriots and Veterans Affairs, upon request of the defendant, shall promise C Council members to meet the time limit for each month and shall grant subsidies to the hospital at the head office.

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