logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.03.24 2015노4650
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) as to each unauthorized medical practice stated in the facts charged by the Defendant was conducted repeatedly with a single and continuous criminal intent, and thus, a single and continuous crime constitutes a single comprehensive crime. However, under the premise that each unauthorized medical practice by the Defendant is in the relationship of substantive concurrent crimes, the lower court erred in rendering a judgment of acquittal on the ground that the prosecution was instituted after the completion of the statute of limitations for the following facts: (a) the Defendant’s non-licensed medical practice in the instant charges Nos. 1 through 9 re

2. In a case where a single and continuous criminal act repeatedly committed the same kind of crime under the same or similar criminal intent for a certain period of time and the benefit and protection of the same legal interest is identical, each of the crimes shall be deemed one comprehensive crime (see Supreme Court Decision 96Do1181, Jul. 12, 1996). Moreover, since a non-licensed medical act in violation of Article 27(1) of the Medical Service Act is anticipated to repeat the same act in light of the nature of the constituent elements of the crime, it is reasonable to deem that multiple repeated acts constitute one crime comprehensively (see Supreme Court Decisions 83Do939, Jun. 14, 1983; 2010Do2468, May 13, 2010). The lower court’s evidence duly admitted and investigated, namely, the Defendant continuously committed the same act in violation of Article 27(1) of the Medical Service Act from 205 to 2014, and the Defendant again committed the same act in violation of the said Act.

arrow