의료법위반
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 20,000,000.
Defendant .
1. Summary of grounds for appeal;
A. The sentence imposed by Defendant A (4 months of imprisonment and 2 years of suspended sentence) by the lower court is too unreasonable.
B. Each sentence (Defendant A: imprisonment with prison labor for April, suspension of execution for two years, Defendant B: fine of five million won) that the lower court sentenced the Defendants is too uneased and unreasonable.
2. Determination
A. We also examine the defendant's appeal and the prosecutor's appeal against the defendant A and the prosecutor's unfair sentencing.
The defendant, who is not a medical person, had B assist the defendant in the operation of the defendant and explain matters of care to the patient. In order to protect and promote the health of the people, it is necessary to strictly punish the crime of this case in light of the strict provisions and legislative purpose of the Medical Service Act which allow only those who are licensed to perform medical acts dealing with people's life or body.
However, the fact that the defendant is against the crime of this case, the medical practice conducted by the Eul is to assist the defendant, who is a doctor, in performing the operation under the observation of the defendant at the site where the defendant, who is a medical doctor, uses or salute the medical appliances, and to notify the patient of the matters of attention after the operation. This act seems to be not likely to directly harm the patient's body. The frequency of the non-licensed medical practice of this case is limited to four times, the defendant had no record of criminal punishment, and all the sentencing conditions shown in the records and arguments of this case, such as age, sexual behavior, environment, family relationship, means and result, etc., such as the defendant's age, sexual behavior, family relation, circumstances after the crime, etc., it is deemed unfair that the sentence imposed by the court below is too unreasonable.
B. The Defendant committed the instant crime against the Defendant B by the Prosecutor.