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(영문) 광주지방법원 순천지원 2014.10.28 2014고단1302

의료법위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A A An assistant nurse, Defendant B is the doctor of C, and the Defendants are the husband and wife.

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

1. On November 27, 2013, Defendant A: (a) posted 10 out of 3rd floor of Da Council members, who visited the hospital; (b) applied it to the patient’s pain; and (c) applied it to 20 minutes after 20 minutes thereafter; and (d) performed non-licensed medical practice beyond the scope of the nursing assistant’s health activity.

2. Defendant B has a duty to pay considerable attention to and supervise the pertinent work in order to prevent such act, but Defendant A had Defendant A perform the said unauthorized practice.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 87 (1) 2 of the Medical Service Act and Article 27 (1) (Selection of Fine): Defendant B: Articles 91, 87 (1) 2 and 27 (1) of the Medical Service Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act are against each other; Defendant A is the primary offender; Defendant B has no same record; and Defendant B has conducted the non-licensed medical practice; and details, frequency, etc.