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(영문) 광주지방법원 2014.04.16 2014고단701

의료법위반등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. From February 11, 201 to 13:00 on the same day, the Defendant violated the Medical Service Act, without obtaining a license from a medical person, performed the medical practice of a herb doctor by gathering living punishment with fin money from the Defendant’s 104 dong 1006 dong 1006 on the same day, and doing so by setting fin money into D’s shoulder part, etc.

2. From February 6, 2014 to 13:00 on the same day, the Defendant, who was negligent, caused the death or injury, had the victim D (here, 48 years old) perform the c apartment 104 Dong 1006, and 13:00 on the same day.

The so-called "cloppy treatment" is prohibited from being licensed by an oriental medical doctor as a medical practice, and the person who administered the so-called "cloppy treatment" in the skin before the so-called "cloppy treatment," and the person who administered the so-called "cloppy treatment," has a duty of care to take measures to promptly provide first-aid treatment when the so-called "cloppy treatment," so that the person who performed the so-called "cloppy treatment," and

Nevertheless, the Defendant did not prepare measures to provide first aid in the event of an excessive reaction, and without a prior civil response test, left 10 to the left side part of the victim, knenee, knenee, and hacker, etc., without being dilutiond, caused the victim's death by an excessive shock of the victim who was receiving medical treatment at the F Hospital located in Gwangju Northern-gu, Gwangju, on February 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

1. Article 87 (1) 2, Article 27 (1) of the Medical Service Act (Unlicensed Medical Practice Act, Selection of Imprisonment) and Article 267 of the Criminal Act concerning facts constituting an offense (the occupation of death by negligence and the selection of imprisonment without prison labor);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Although Article 62(1) of the suspended sentence of the Criminal Act is found to have caused a serious result of the death of the victim due to the instant crime, the Defendant is recognized.