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(영문) 춘천지방법원 2015.07.02 2015고단524

의료법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a medical person, shall perform medical practice.

Nevertheless, at around 11:00 on October 16, 2012, the Defendant, without a medical license, requested the removal of a machine created from D and E from the house of the D located in Namyang-si, Namyang-si, the Defendant provided medical treatment to the said subject by using the earth learning storage device, which is a medical device.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 87 (1) 2 of the Medical Service Act and the main sentence of Article 27 (1) of the Act on the Selection of Criminal Crimes and the Selection of Imprisonment with labor;

1. The reason for the suspended sentence of the punishment under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) is a crime that has significant harm to the lives and health of the people and that may undermine the effectiveness of the license system of medical personnel of the State, and thus, is highly likely to cause danger to public health and sanitation, such as the side effects. In fact, there are considerable adverse effects on the part of the persons subject to the instant crime, and the Defendant appears to have actually committed multiple types of crimes except the instant crime.

On the other hand, considering the following circumstances: (a) the Defendant reflects his mistake in depth; (b) the Defendant has no record of criminal punishment; and (c) the Defendant’s age, character and conduct; (d) the background, means and consequence of the commission of the crime; and (e) the circumstances after the commission of the crime; and (e) the attitude in this court, the sentence is determined