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(영문) 부산지방법원 2017.11.29 2017고정1641

의료법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, the defendant, at around 15:00 on December 25, 2016, found that the defendant was in the residence of the defendant in Busan Dong-gu, Busan, and that the defendant was found to have a real name, performed a 10-free practice by setting up about 10 beds on the hand floor of D and receiving KRW 10,000 for the price.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. A report on internal investigation (in addition to materials submitted by a witness) in the police (the defendant and his defense counsel asserted that the money that the defendant received from D is only the purchase cost of intrusion and is not the price for the procedure, but also the fact that the defendant has received KRW 10,000 as the price for the procedure and received KRW 10,000 in accordance with each evidence in the holding. Thus, the above assertion by the defendant and his defense counsel is not accepted).

Application of Statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;