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(영문) 부산지방법원 2021.01.08 2020고정1301

의료법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has been in office as a nursing assistant in the Busan B B B, and any person other than a medical person shall not perform any medical practice, and any medical person shall be prohibited from performing any medical practice other than those licensed.

Nevertheless, on December 29, 2019, the Defendant, at the address of the Busan Shipping Daegu D, E, and the Defendant’s domicile of the Defendant, administered the above F using a dynasium to reduce the pain by using a dynasium at the F’s request, which was known through the SNS at the time. On March 29, 2020, the Defendant administered the dynasium to the F using a dynasium in Busan Fynasium C in Fynasium B. < Amended by Presidential Decree No. 21348, Mar. 29, 2020>

Accordingly, even though the defendant is not a medical person, the defendant provided a non-licensed medical practice twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 87-2 of the Medical Service Act and Article 87-2 (2) 2 of the same Act and Article 27 (1) of the same Act and the selection of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;