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(영문) 서울남부지방법원 2020.11.25 2020고단3647

의료법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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, and no medical person shall perform any medical practice other than that licensed.

At around 11:10 on June 22, 2020, the Defendant, despite being not a medical person, performed c’s c’s d’s d’s h’s d’s h’s h’s h’s h’s h’s h’s h’s h’s h’s,

Summary of Evidence

1. Application of the Act and subordinate statutes to the written statement C of the defendant's legal statement;

1. Article 87-2(2)2 and Article 27(1) of the former Medical Service Act (wholly amended by Act No. 17069, Mar. 4, 2020); the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the legislative intent of the Medical Service Act which strictly prohibits the medical practice of disqualified persons for sentencing under Article 334(1) of the Criminal Procedure Act, the physical part of the criminal act, and the defendant committed a crime during the period of repeated crime even though he/she was sentenced to a fine once for the same crime, the criminal liability of the defendant is not somewhat weak.

However, the fact that the defendant is expected not to make a confession and repeat the crime for the purpose of profit-making, the defendant does not lead to the crime for the purpose of profit-making, and the general public is found to use the blood transfusion in his daily life, and the degree of recognition of illegality is relatively not severe, the act of aggression was conducted with the consent of C, and the risk of health and hygiene was not realized even though it was done, and C is desired to take the preference, and all kinds of sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, nature and degree of the medical act of this case, etc. shall be determined as ordered by the order.