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(영문) 서울북부지방법원 2020.04.10 2019노2006
의료법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court against the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case was examined by the public prosecutor, and the applicable provisions of the law were applied to the case at the trial, and the case was applied “Articles 87(1)2, 82(3), and 33(2)1 of the former Medical Service Act (amended by Act No. 16375, Apr. 23, 2019)” and “Articles 87-2(2)2, 82(3), and 33(2)1 of the Medical Service Act” as “Articles 87-2(2)2, 82(3), and 33(2)1 of the Medical Service Act,” and the term of termination of the crime among the facts charged in the case at issue was changed to “by October 16, 2019,” and “40,000 won” respectively, and the judgment of the court below became null and void.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Discriminary Reasons] Criminal facts and summary of evidence recognized by this court are altered as stated in the judgment of the court below in the part of "ex officio judgment" as stated in Paragraph (2) of the above Article, and the summary of evidence is "1. Defendant's trial oral statement" in the summary of evidence.

1. The prosecutor's protocol of interrogation of the accused;

1. A petition;

1.Written statements,

1. Business registration certificate,

1. In addition to adding "investigation Report (C Visit)", it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87(2)2, Article 82(3), and Article 33(2)1 of the former Medical Service Act (Amended by Act No. 1655, Aug. 27, 2019) regarding criminal facts and Article 87 of the former Medical Service Act (Amended by Act No. 16555, Aug. 27, 2019) provide that Article 87 of the former Medical Service Act shall apply to the relevant criminal facts.

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