보건범죄단속에관한특별조치법위반(부정의료업자)등
Defendant
All A and prosecutor appeals are dismissed.
1. Summary of grounds for appeal;
A. Defendant A 1) Fact-misunderstanding and misunderstanding of legal principles, even though the above Defendant was not a doctor or a medical person, and caused bodily injury to the victim by negligence in the process of the medical practice. However, the Defendant did not have the purpose of profit-making and did not engage in medical practice, and the Defendant cannot be viewed as a person engaged in medical practice. Thus, the judgment of the court below which convicted the Defendant in entirety is erroneous in the misapprehension of facts
2) The sentence of the lower court against the above accused of sentencing (the imprisonment of 2 years and 6 months, and the fine of 5 million won) is too unreasonable.
B. The lower court’s sentence (Defendant A: imprisonment of 2 years and 6 months; fine of 5 million won; imprisonment of 2 years and 5 million won; imprisonment of 6 months; fine of 500,000 won) against the Defendants by the prosecutor is deemed to be too uneasible and unfair.
2. Determination as to Defendant A’s misunderstanding of facts and misapprehension of legal principles
A. In full view of the following facts: (a) the victim’s statement on the overall process during which the defendant was subject to the practical container injection by the defendant A; (b) the statement made by the defendant B who sold the actual container to the defendant A; and (c) the defendant A performed the operation to put the chemical container into the victim and the third party in return for the payment of the price; and (b) the defendant A performed the operation to put the chemical container into the victim; (c) the victim and the third party; and (d) the victim raised an appeal to the side effect; and (e) the victim took custody of an additional medication, which is a prescription, the court below held that the defendant A continued medical practice with repeated intention and received money in return for the medical practice for profit, and the fact that the defendant
Based on the judgment, all charges against Defendant A were convicted.
B. The purpose of profit-making under Article 5 of the Act on Special Measures for the Control of Public Health Crimes is to obtain economic benefits.