beta
(영문) 제주지방법원 2013.07.18 2013노157

의료법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that “an act of mixing ZPC, which is the preparation of materials to be used for dental treatment or treatment, the disinfection of apparatus and dental treatment,” as stated in the facts charged of this case, is merely an act of simple washing or mixing, and does not constitute medical practice.

In addition, D was only an act of mixing ZPC with the instructions of I, a dental sanitary agent, not the defendant.

Therefore, the judgment of the court below which convicted the defendant is erroneous in misconception of facts or misapprehension of legal principles.

2. Determination

(a) The first medical practice includes not only the act of preventing and treating diseases, but also the act of issuing harm to human life, body or public health unless performed by medical personnel with medical expertise;

(2) In light of the above legal principles, in a case where D’s act constitutes a medical practice, and misleads the patient into the disinfection of materials and appliances used for the patient’s treatment, the patient may be infected thereby, and the ZPC, which is a medical confecting agent, may be infected again by the patient. Thus, it is reasonable to deem that all these acts are medical practices likely to cause harm to the patient’s body.

B. Next, in light of the following circumstances acknowledged by the evidence duly adopted and examined at the lower court, namely, D, at the police investigation stage, stated that it was an act of mixing the ZPC with the ZPC at the direction of the Defendant, the president at the police investigation stage (in the 63th page of the investigation record), and D, as a result, supported the Defendant by the Defendant’s treatment at the side of the patient, D can be sufficiently recognized as having committed the above act under the direction of the

The defendant alleged in the judgment of the court below that the evidence photograph produced as evidence of guilt is illegally collected by the private person, and the admissibility of evidence should be denied.