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(영문) 서울서부지방법원 2019.07.08 2019고정351

의료법위반

Text

Defendant

A shall be punished by a fine of one million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendants are married with their husband and wife, Defendant A is the director of the beauty center of “D” located in the 8th floor of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Office, and Defendant B is the person who works as an “E Council member”.

1. No person, other than a medical person who violates the Medical Service Act of Defendant A, shall perform any medical practice, and no medical person shall perform any medical practice other than that licensed;

Nevertheless, Defendant A, without obtaining a medical license from February 19, 2018 to January 5, 2019, performed an unlicensed medical practitioner’s practice by giving an excessive treatment to a large number of patients who find the above Council member as shown in the following crime list.

On February 19, 2018, F eyebrow on February 19, 2018, on March 2, 2018, G eyebrow 4, August 3, 2018, J eyebrow 6 on September 5, 2018, J eyebrow 88 on September 26, 2018, on September 16, 2018, G eyebrow 4, August 3, 2018, G eyebrow 8 on November 15, 2018, and on December 18, 2018, n eyebrow 9, October 15, 2018, which is an infant. < Amended by Presidential Decree No. 28744, Oct. 18, 2018; Presidential Decree No. 28775, Oct. 15, 2018>

2. Defendant B aiding and abetting Defendant B’s act of violation of the Medical Service Act was aiding and abetting Defendant A to facilitate Defendant A’s act of violating the Medical Service Act, such as raising the space of treatment of the National Assembly members operated by the Defendant during the above period.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police about P;

1. Records of seizure, evidence of seizure and the list of seizure;

1. Application of respective existing Acts and subordinate statutes of subparagraphs 3 through 5 of this Article;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: the main sentence of Article 87(1)2 of the Medical Service Act, the main sentence of Article 27(1)2 of the same Act, and the selection of fines;

B. Defendant B: the main sentence of Article 87(1)2 of the Medical Service Act, the main sentence of Article 27(1), Article 32(1) of the Criminal Act, and the selection of fines

1. Defendant B who aided and mitigated: Articles 32(2) and 55(1)3 of the Criminal Act;

1. Defendant B to be suspended of sentence: fine of three million won;