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(영문) 의정부지방법원 2013.07.17 2013고단1161

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and a fine of two million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person, other than a medical person, shall perform medical practice;

around November 9, 201, the Defendant: (a) administered DNA apartment 108, 400,00 won (D apartment 102, 402) in the Defendant’s residence; (b) opened a pen in such a way as to turgine anesthesia into E’s face; and (c) performed the rupture removal process by using the rupture; and (d) transferred KRW 400,000 from E to the Defendant’s account on November 9, 201; and (b) received KRW 200,000 from E on November 16, 201; and (c) caused side effects on the part of the Defendant from December 12, 201 to December 22, 201.

B. On July 201, 201, the Defendant: (a) injected a filterer using an injection device against I in the G market H 2nd floor office located in the Seocho-si, Gyeonggi-do; and (b) received KRW 200,000 from I in order to check the U.S. diameter against I.

C. On July 201, 201, from the G market as described in the foregoing paragraph (b), in order to see the string of the snow against J from the G market heading 84-2 multi-storys, and received KRW 120,000 from J.

Accordingly, even if the Defendant was not a doctor, he performed medical practice for profit.

2. The Defendant injured the victim by occupational negligence, who performed medical practice at the time and place indicated in paragraph 1(a) but was not a medical person, thereby causing injury to the victim E by negligence, such as an unexplosion of the treatment days, aggravation of dysia, and psychotropic damage.

Summary of Evidence

1. Defendant's legal statement;

1. The first prosecutor examination protocol against the accused;

1. Statement of prosecutorial statement concerning E;

1. Each police statement made to E and I;

1. Investigation report (as to the injured party J)

1. Each written diagnosis (13 pages, 114 pages of investigation records);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes which are applicable to the corresponding laws and punishment, and Article 5 subparagraph 1 of the Medical Service Act;