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(영문) 대전지방법원 2014.10.02 2014고정505

의료기사등에관한법률위반

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

C is a dentist who operates Franchisa in Class E, and Defendant A and Defendant B are a nurse of the above Franchisa.

1. On June 19, 2013, at the above dental hospital around 15:30 on June 19, 2013, the Defendant ordered A and B, a assistant nurse, who is not a medical technician, to perform dental surgery at the above hospital, and ordered A and B to perform dental technicians’ duties without the license of a medical technician.

2. Although Defendants A and B were not capable of working as medical technicians, etc., the Defendants, at the above date, place, and according to the above C’s teachers, did not put G, who was found in the above hospital, to be a dental sanitarian’s duties, at the same time and place.

As a result, Defendants were jointly engaged in medical technicians' duties without medical technicians' licenses.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of H;

1. Application of each statute on photographs;

1. Defendant A and Defendant B: The pertinent provision of criminal facts and the pertinent provision of punishment: Article 30 (1) 1 and the main sentence of Article 9 (1) of the Medical Technicians, etc. Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Article 30 (1) 1 and the main sentence of Article 9 (1) of the Medical Technicians, etc. Act; Article 31 (1) of the Criminal Act; the selection of fines;

1. Defendant A and Defendant B: Fine of 300,000 won: Fine of 500,000 won to be suspended; and

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the Criminal Act (100,000 won per day);

1. The defendants of suspended sentence: Medical practice which is less likely to cause harm to the life or body of the victims of Article 59(1) of the Criminal Act, and thus, it seems that assistant nurses had been actually conducted.

The defendants are first offenders, confessions, and reflects in depth.