Defendant

B is a person who operates a D Hospital in the Jeonsi-gu Seoul Special Metropolitan City, and the defendant A is the officer and staff of the above D Hospital.

1. He/she shall not engage in medical technicians, etc. other than Defendant A medical technicians, etc.;

Nevertheless, Defendant A, at night on May 2, 201, taken a radioactive photograph without qualification even though he/she was not a radiation doctor under the direction of Defendant B during night hours, and performed the duties of medical technicians, etc.

2. Defendant B, as indicated in the above Paragraph 1, performed the duties of medical technicians, etc. without qualification by the staff B in relation to the operation of the D Hospital.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 30 (1) 1 and Article 9 (1) of the Medical Technicians, etc. Act; Defendant A who selects a fine: Articles 32, 30 (1) 1 and 9 (1) of the Medical Technicians, etc. Act; Articles 32, 30 (1) 1 and 9 (1) of the Act on Medical Technicians, etc.; Selection of a fine;

1. The Defendants who will be suspended from sentence: Each fine of one million won (the Defendant’s confession and seriously reflects the instant crime; the Defendants did not have any record of any identical crime; Defendant A was the first offender with no record of criminal punishment; Defendant B had no record of criminal punishment exceeding fine; Defendant A, who was on duty on behalf of the nearest radiation doctor during the surgery conducted at night, inevitably conducted radiation photographing according to the orders of Defendant B; Defendant B, who was on duty by additionally employing three radiation specialists after the instant case, is on duty during the day and night-time medical treatment; and taking account of the following factors:

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

1. Defendants of suspended sentence: Article 59(1) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act