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(영문) 서울중앙지방법원 2015.01.08 2014고단9450

의료법위반

Text

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

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

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice.

Even if the Defendant is not a medical personnel, the Defendant provided medical services to the inmates confined in the same detention center via three times as follows by performing a sexually transforming procedure called a one-person spathal spathm.

1. C에 대한 무면허 의료행위 피고인은 2014. 10. 24.경 의왕시 안양판교로 143에 있는 서울구치소 제14상 수용동 D에서, 같은 실에 수용 중인 C의 성기 표피를 바늘을 이용하여 고무줄로 꿰어 성기 둘레 표피의 6곳을 묶는 방법으로 위 C의 성기 변형 시술을 하였다.

2. Around October 31, 2014, the Defendant, in the foregoing D, performed the sex transformation procedure of the above E in a manner that combines six strings of E’s sexual flag in the same room in the same manner.

3. Around November 14, 2014, the Defendant of F’s non-licensed medical practice with respect to F performed the foregoing F’s sexual change procedure by combining 6 F’s sexual lebane lebane 6 in the same room by the foregoing method.

Summary of Evidence

1. Defendant's legal statement;

1. Written descriptions of G, C, E, F, and H;

1. Each statement made to C, E, and F;

1. The application of Acts and subordinate statutes to investigation reports (a fluorization photographs of persons in charge of administering procedures);

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

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

1. It is highly probable that the sentencing of Articles 70(1) and 69(2) of the Criminal Act is likely to cause health and hygiene hazards due to the reason of the sentencing, and the fact that the defendant committed the instant crime without being involved in the trial and committed the instant crime is disadvantageous considering the circumstances.

However, the fact that the recipient repeatedly requested the procedure and did not do so and did not respond to the crime (Evidence Records 8,57 pages), and that there was no substantial risk.