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(영문) 서울동부지방법원 2013.09.25 2013고정296

의료법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a doctor who operates a member of Gangdong-gu Seoul Metropolitan Government E with the trade name called F.

Except as otherwise provided for in the Act, no medical person shall perform medical practice outside a medical institution.

Nevertheless, on September 23, 2012, the Defendant rendered a so-called so-called to approximately 3,200 persons on four occasions up to September 30, 2012, including the Defendant’s medical practice that provides a so-called so-called so-called so-called a so-called so-called so-called “so-called so-called so-called so-called 's so-called 's so-called 's so-called 's so-called 's so-called 's so-called 's so-called ''.

Accordingly, the defendant was engaged in medical practice outside a medical institution.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. A written accusation;

1. Application of the Act and subordinate statutes to the inquiry report;

1. Relevant provisions of the Act on Criminal Facts and Articles 90 and 33 (1) of the Medical Service Act for the Selection of Punishment (generally, referring to the selection of fines)

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is reasonable to interpret that “a case where a patient or his/her guardian provides a medical treatment at the request of a patient or his/her guardian” under Article 33(1)2 of the Criminal Procedure Act means a case where a specific patient provides a specific and specific request, barring any special circumstance (see, e.g., Supreme Court Decision 2010Du26315, Apr. 14, 201). In light of the criminal history of the instant case acknowledged by the evidence duly adopted by the court, the medical practice of the Defendant cannot be deemed to have been performed in response to an individual and specific request for a specific patient.

In addition, in light of the legislative intent of Articles 1 and 18 of the Regional Public Health Act and Article 33 (1) of the Medical Service Act, the medical practice of the accused is provided for in Article 33 (1) 5 of the Medical Service Act, the reason for exception provided for in Article 33 (1) 5 of the Medical Service Act, and other Acts and subordinate statutes, or