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(영문) 광주지방법원 2019.07.17 2018노3643

의료법위반

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. According to the statement of the gist of the grounds for appeal E, even though Defendant A, not a medical personnel, could be found to have performed a non-licensed medical practice, the lower court determined that the instant facts charged were not guilty, by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) Defendant A was a partner of the Defendant B, who had worked as a part-time trainee in the Daehan located in Gwangju Dong-gu from January 2, 2017 to February 28, 2017, for the purpose of treating miscellaneous work, such as treatment outside the scope of treatment, booming patient clothes, and product management; and (b) Defendant B is a herb doctor.

(1) In spite of the fact that Defendant A was unable to perform a medical act, Defendant A, from January 10, 2017 to February 28, 2017, provided that, from the above D’s Council members, Defendant A substituted up a hot ruping ruping rupture of patients E, attached a rubber rupture of ICT (electric rupture) to the rupture of E, operated machinery with a rubber rupture of ICT (electric rupture) on the rupture of E, provided electricity stimulation treatment, or installed a rupture removing air by using rupture with the rupture rupture with the upper chest of E, 5 minutes after attaching the rupture to the entire part, or after removing the rupture with the rupture with the rupture, hand, kne, kne, etc. with the rupture with the rupture attached to the rupture.

(2) Defendant B, as the president of the DD, committed an act in violation of the Medical Service Act, such as that of Defendant A.

B. The lower court’s judgment is insufficient to recognize that Defendant A had performed a non-licensed medical practice on the grounds that there is no other evidence to acknowledge the fact in light of the circumstances as stated in the lower judgment’s reasoning, which are acknowledged based on the evidence duly adopted and investigated by the court of the lower court.

참조조문