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(영문) 창원지방법원 2019.11.27 2019고정110

의료법위반

Text

Defendant

A shall be punished by a fine of five million won.

Defendant

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

Reasons

Criminal facts

Defendant

A is a doctor who operates the Esaniticians in Changwon-si, Gowon-si, and the defendant B and C are working for the assistant nurse at the non-s clinic of the above hospital.

1. No person, other than a medical person, shall perform any medical practice; and no medical person, other than those licensed, shall perform any medical practice;

Nevertheless, from May 2014 to June 2018, the Defendants conspired to perform non-licensed medical practice against the patients who wish to remove their clothes and parts, etc. from the non-slock clinic operated by the above hospital from around 2014 to around 2018, Defendant A instructed Defendant B, an assistant nurse, to perform the Melaca and the Melacacacacacacacacac, and Defendant B, by inserting the Melacacaca and the Melacacacacac, into the Melacacacaca

2. A person who is not a medical person shall not engage in any medical practice, and a medical person shall not engage in any medical practice other than those licensed;

Nevertheless, around July 2018, the Defendants conspired to perform non-licensed medical practice against patients who wish to remove their clothes and parts, such as clothes, from the non-confection clinic operated by the above hospital. Defendant A instructed Defendant C, an assistant nurse, to perform the Metecium “Mecium” and “car Mecium,” and Defendant C performed non-licensed medical practice by inserting the Mecium injection and the Mecium injection into the patient’s clothes, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Statements made by witnesses G in the second trial records;

1. Protocol of inspection;

1. Each prosecutor's office and police suspect examination protocol against the Defendants;

1. A written accusation;

1. The place where the procedure is recorded;

1. Application of Acts and subordinate statutes to investigation reports (certificate of report completion and attachment of medical qualification certificates);

1. Defendants of the pertinent legal provisions and the choice of punishment regarding criminal facts: Each of the former Medical Service Act (wholly amended by Act No. 16375, Apr. 23, 2019).

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