의료법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) is obvious that the Defendant conducted a medical examination of G and provided medical treatment to G despite the absence of a doctor’s license.
Nevertheless, the judgment of the court below that found the defendant not guilty of the facts charged is erroneous, which affected the conclusion of the judgment.
2. No person, other than a medical person, shall provide medical services, and a medical person shall also provide medical services other than those licensed;
Nevertheless, the Defendant: (a) reported the x-ray photograph of the patient G who suffered from the injury of the Y section of the Y section of the Y section in the 5-year-old pelvis; and (b) instructed the employees of the above G hospital to perform medical practice, such as giving instructions on the entrance speed of the G, the designation of the doctor in charge, the procedures for surgery, etc., on August 10, 2016, at the third floor room of the above H hospital; (c) sought the injury to the above G; and (d) sought detailed explanation on the operation method; and (e) after examining the above X-ray photograph, the Defendant instructed the employees of the above G hospital to perform medical practice, such as giving instructions on the entrance speed of the G, the procedures for surgery, etc.
Accordingly, the defendant was not a medical person but a medical person.
3. Determination
A. The lower court rendered a not guilty verdict on the instant facts charged on the grounds that the evidence presented by the prosecutor alone cannot be deemed as “medical examination” as an unlicensed medical act and that there is no other evidence to acknowledge it, based on the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court in light of the legal doctrine as indicated in its holding.
1) On August 6, 2016, G: (a) was unloaded from a motor vehicle around August 6, 2016; (b) was diagnosed in an emergency room of “J hospital” under the name of the disease, such as the string of the right hand and the string of the strings; (c) was found in the next hospital after this framework and decided to perform an operation under the same type of disease; (d) on August 9, 2016, he/she was found at the H hospital operated by the Defendant again on or around 11:03.