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(영문) 수원지방법원 안양지원 2018.01.19 2017고단1993

의료법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who served as dental technician in B near the Seoul Metropolitan Government's additional digital construction work.

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

Nevertheless, on November 1, 2014, the Defendant provided treatment to cover two fess of D at the home located in Dongjak-gu Seoul Metropolitan Government around November 2014. From around that time to September 2015, the Defendant provided treatment to cover three fes of E (D’s father) with three fess of fess of E (D), provided treatment to F (D’ mother), and provided treatment to F (D’s mother), and in return for such treatment, 70,000 won around December 13, 2014; 50,000 won around January 24, 2015; and 70,000 won around January 20, 2015; and

2. 18,00,000 won around 10,000 won for the same year.

9. Around 29.29. Around 650,000 won was paid to the Saemaul Treasury’s account (G) in the name of the Defendant, and received a delivery of KRW 50,000 in cash and received KRW 4.55 million in total.

Accordingly, the defendant provided medical treatment even though he is not a medical person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to written confirmation of transfer results;

1. Article 87 (1) 2 of the Medical Service Act and Article 27 (1) of the same Act (Selection of a penalty) concerning facts constituting an offense;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Unfavorable circumstances: The occurrence of problems on the part of the procedure after the medical practice occurs. - The favorable circumstances are recognized by the Defendant’s mistake and reflectivity, the Defendant paid 4.55 million won to the recipient of the procedure, and the Defendant did not want the punishment of the Defendant.