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(영문) 인천지방법원 2016.12.28 2016노78

의료기사등에관한법률위반

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who operates the five-story A dental clinic of the Seo-gu Incheon Building E.

Although the Defendant’s assistant nurse F, who is in the above clinic, was unable to perform the duties of medical technicians due to the lack of qualifications for dental technicians, on April 9, 2015, the Defendant, at around 14:30, performed the duties of removing saves, such as saves, against patients G, thereby committing a violation in relation to the above duties.

2. The summary of the grounds for appeal is that the Defendant’s employee was in preparation for the removal of tin (hereinafter “cating”), but the Defendant did not neglect to exercise due care and supervision over the F in order to prevent such a violation, even if the F incating took place, the Defendant did not neglect to exercise due care and supervision over the F incating.

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

3. The lower court’s judgment: (a) based on the evidence duly admitted and examined by the lower court stated that “I asked F to “PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP.