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(영문) 창원지방법원 2018.10.05 2018고단1775

보건범죄단속에관한특별조치법위반(부정의료업자)등

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Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three million won.

The defendant does not pay the above fine.

Reasons

Criminal facts

1. Violation of the Act on Special Measures against the Control of Public Health Crimes (Unlawful Medical Service Providers) (hereinafter “Non-Medical Service Providers”), even though the Defendant was not one physician from March 2017 to December 2, 2017, in D located in Changwon-si Member C of Changwon-si, in which three beds for patients, 20 to 20 to 20 to 20 to 20 to 20 to 50 patients suffering from non-patients, including E, and in addition, the blood transfusion was removed by means of detecting 50,000 won per single by taking advantage of the part of the plaintiff’s 50 patients suffering from death, and in return, 30,000 won per se were provided.

Accordingly, the defendant was not a herb doctor for profit-making purposes, but a single medical practice business.

2. From April 2017 to September 2017, the Defendant suffered from occupational injury and injury with a view to treating the victim E’s dementia, handless, etc. from the victim’s disease in the above D, the Defendant got the victim to undergo the blood transfusion by using the victim’s head, bluri, and flag to the part of the victim’s head, bluri, and flag.

In the event of repeated blood transfusions, there may occur an empty blood in the process of blood shortage. Therefore, even though the defendant has an occupational duty to prevent the occurrence of an empty blood, the defendant neglected to do so, the defendant extracted blood equivalent to approximately KRW 1,200 meters per month, monthly 200 meters, and for six months without any specialized medical diagnosis on the return of the victim, thereby causing an injury to the victim, who caused an empty blood, the number of days of treatment of which is unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of opinion;

1. Application of Acts and subordinate statutes to field photographs (fluor, fluor, etc.);

1. Relevant legal provisions concerning criminal facts, Article 5 subparagraph 3 of the Act on Special Measures for the Control of Selective Public Health Crimes, Article 27 (1) of the Medical Service Act (limited to non-licensed medical practice business), and Article 268 of the Criminal Act (the occupation of occupational and dental practice, the selection of imprisonment without prison labor);

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 38(2) and Article 50 of the Criminal Act [the punishment shall be imposed on any person who violates the Act on Special Measures for the Control of Illegal Health Crimes (Unlawful Medical Service Providers)].