업무상과실치상등
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
The Defendant is a person who operates a marina shop with no trade name in a bath called "D" located in Nam-gu Incheon Metropolitan City, Nam-gu C.
1. He/she shall not be certified as a marina in violation of the Medical Service Act if he/she becomes aware of such fact for profit;
Nevertheless, at around 20:00 on May 31, 2015, the Defendant rendered a non-licensed medical practice that pressures trees, shoulderes, lights, etc. to both hand after having received KRW 20,00 to E at the shop site “the character installed at the above site” and making it run a twit to E.s. installed at the above site.
2. In order for the Defendant to engage in an act of cutting down physical pressure to a victim E (58 3, female) in a place specified in paragraph (1) at the same time and place, he/she shall perform medical practice after obtaining a certificate of qualification from an recognized institution with professional knowledge. However, while he/she was aware of the victim in a manner that he/she acquired without professional knowledge and qualification, he/she suffered injury, such as cutting off the bones of the left five weeks left side, which requires approximately two weeks medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness E;
1. Application of Acts and subordinate statutes of a medical certificate;
1. Article 88, Article 82 (1) of the Medical Service Act (the occupation of unlicensed medical practice and the selection of fines) and Article 268 of the Criminal Act concerning criminal facts (the occupation of duties and negligence, and the selection of fines);
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.