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(영문) 대구지방법원 서부지원 2014.02.13 2013고단433

의료법위반등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

On November 2, 2012, at around 15:30 on November 2, 2012, the Defendant performed medical practice in the Defendant’s residence located in Daegu-gun C Apartment 6 Dong 903, and in order to treat D’s infection, the boundary points between the two sides of E and the two sides of the left side, and the one taken from the living penalty on one side, respectively.

2. The Defendant caused occupational injury to death, etc., at the time and place specified in paragraph 1, to conduct a bed-ining treatment on the part of the inner body for the victim D (the victim, the age of 38) to treat infection.

Since it is a medical practice for a patient to injecture, the procedure was conducted by a medical person, and there was a duty of care to conduct the procedure after checking the safety of the procedure, considering the comprehensive situation of the patient's condition before the procedure, the possibility of side effects during the procedure, etc.

Nevertheless, the Defendant neglected to do so and did so without confirming the safety of a bed treatment even if it is not a medical person, and performed a bed treatment one time each on the boundary point and left side side of the victim, which are taken from living penalty on the part of the victim, without confirming the safety of bed treatment.

At around 18:20 of the same day, the Defendant caused the victim's death by occupational negligence, at least 18:20 of the same day, by a shock show.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a death diagnosis report, medical record, corpse autopsy report, investigation report (G autopsy doctor’sH opinion), and autopsy report;

1. Article 87 (1) 2, Article 27 (1) of the Medical Service Act (Violation of the Medical Service Act, Selection of Imprisonment) and Article 268 of the Criminal Act concerning facts constituting a crime;

1. Article 37 of the Criminal Code among concurrent crimes.