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Cases
2021Do1769(A). Violation of the Act on Special Measures for the Control of Public Health Crimes
(b) Violation of the Medical Service Act;
Defendant
B
Appellant
Defendant
Defense Counsel
Law Firm LLC, Attorneys Park Yong-ok, and Park Jong-sung, et al.
The judgment below
Incheon District Court Decision 2020No2371 Decided January 15, 2021
Imposition of Judgment
may 6, 2021
Text
The appeal is dismissed.
Reasons
The grounds of appeal are examined.
On the grounds indicated in its reasoning, the lower court upheld the first instance judgment convicting the Defendant of the charges. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “medical act” under Article 27(1) of the Medical Service Act, “medical act” under Article 5 of the Act on Special Measures for the Control of Public Health Crimes, “for profit-making”
In addition, the argument that the court below erred in the misapprehension of legal principles as to a legitimate act is not a legitimate ground for appeal, since the defendant's ground for appeal is the ground for appeal, or the court below did not consider it as being subject to an ex officio decision.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Judges
Justices Kim Jong-hwan
Justices Ansan-chul
Justices Noh Jeong-hee