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(영문) 서울중앙지방법원 2017.08.22 2017고정1108

의료법위반

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B is an oriental medical doctor who has established the Jongno-gu Seoul Metropolitan Government D and the third floor "E Hanwon", and the defendant A is a person who works as a secretary at the above Hanwon.

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

Nevertheless, the defendant from May 1, 2012 to the same year.

7.1. From May 1, 2014, the same year between the police officer and the police officer;

7. On 31. Around 31. Around the same day, many and unspecified patients who had provided the above oriental medical service were to perform side-resistant surgery, etc. and to perform medical practice.

2. Defendant B, who is an employee of the Defendant at the above date, time, and place, committed such a violation as above with respect to the Defendant’s business.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement made by the police with regard to F;

1. The defendant's response to the request for medical advice related to the healthy depression, the response to the request for investigative cooperation [the defendants and his defense counsel argued that the defendants' physical operation constitutes a justifiable act that does not violate the social norms. However, the defendants' physical operation method should be chosen under the correct diagnosis. Considering the side effects that may occur, it is a medical act that can reduce the risk to the patients to the maximum extent possible and enhance the treatment effect. In fact, it is difficult to view that the physical operation of the body is not likely to cause any harm to public health, and it is difficult to view that the physical operation of the body constitutes an act acceptable in light of the overall legal order including the Medical Service Act or social norms. Thus, considering the fact that the physical operation of the body of the body of the defendants is broad and broad, and that the risk of the physical operation is no violation of social regulations merely because it does not violate social rules.

Therefore, the Defendants and the defense counsel are above.

참조조문