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(영문) 인천지방법원 2015.08.28 2015노2215
의료법위반등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

(q) the remainder;

Reasons

1. Summary of grounds for appeal;

A. It is true that Defendant D prepared and executed a draft of the agreement concluded between Co-Defendant A and Co-Defendant E upon the Co-Defendant A’s request, but such an act alone cannot be deemed as aiding and abetting the above Co-Defendant’s violation of the Medical Service Act.

B. Each sentence sentenced by the court below against the Defendants [the defendants A: imprisonment of 8 months; imprisonment of 8 months; imprisonment of 2 months; imprisonment of 2 months; imprisonment of 2 months (the first and second crimes in the original judgment); imprisonment of 2 months (the first and the second crimes in the original judgment); and imprisonment of 2 months (the third crimes in the original judgment)] is too unreasonable.

B. The Prosecutor (Defendant B and D)’s sentence imposed by the lower court on the Defendants is too unfasible and unreasonable.

2. According to the evidence duly adopted and examined by the court below regarding the defendant D's assertion of misapprehension of the legal principles, the following facts are as follows: (1) while operating W medical care center, it was equipped with the hospital facilities to establish the hospital, but did not find the method of operation; (2) AJ asked A to rent or accept the hospital; (3) the defendant introduced A to co-defendant E; (4) the defendant drafted a draft of the agreement entered into between A and E; (4) the first draft of the above agreement; (7) E, an oriental medical doctor, cannot terminate the contract or suspend the business ("B"); and (8) the transaction passbook of a medical institution was newly opened in the name of E; and (8) the amended agreement was also stated in the evidence that the defendant did not participate in the management of the hospital; and (5) the defendant did not participate in the business of the hospital; and (3) the above agreement was acknowledged as having been detained by the evidence.

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