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(영문) 수원지방법원 2017.11.23 2017고정964
의료법위반
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendants are doctors who jointly operate the “F Council members” on the third floor of the building in the Young-si Suwon-si E. Medical personnel or medical institution shall not advertise the patient’s treatment experience in a way that can be easily confirmed by anyone.

Nevertheless, on December 8, 2016 in the course of operating the above hospital, the Defendants posted three patients’ experience fences, such as the attached Form, so that the general public can easily access and confirm without any restrictive measures (e.g., non-member subscription), and advertised each of the above posts by up to January 9, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness G;

1. A written accusation;

1. Application of Acts and subordinate statutes on the screen after the closure of a course;

1. Relevant Article of the Act and Article 89 subparagraph 1 of the Medical Service Act and Article 56 (2) 2 of the same Act concerning the selection of criminal facts, and the selection of fines;

1. 30,000 won for each fine to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) shall be confined in a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (see, e.g., the background leading to the instant crime, the period during which the instant crime was committed is relatively short and the number of advertisements is relatively small, and the Defendants do not have any record of being punished for the same crime);

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