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(영문) 울산지방법원 2016.10.25 2016고단1218

의료법위반

Text

Defendant shall be punished by a fine of KRW 10 million.

When the defendant does not pay a fine, 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

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

On May 2014, the Defendant, who is not a medical personnel, placed I’s face, in a H restaurant located in Ulsan-gu G, Ulsan-gu, Ulsan-gu, with an injection with an injection with an injection with an injection with an injection with an injection with an injection with an injection with an injection with a view, and on May 2014, the Defendant administered an injection with an I’s face with the same method at the same time as a policeman in the same place.

In addition, around May 8, 2015, the Defendant carried out gold-free printing operations by using a anesthesia to both view from the K crop specialty point located in the Nam-gu J of Ulsan-gu, U.S. and then injecting the substance room into the face of L.

Accordingly, the defendant was not a medical person, but performed medical practice individually.

Summary of Evidence

1. A witness I and L respective legal statements;

1. Each police statement concerning I and L;

1. Application of Acts and subordinate statutes of the details of financial transactions (No. 2) and the certificate of deposit transaction performance (No. 5 of the evidence);

1. Relevant Article of the Act and Articles 87 (1) 2 and 27 (1) of the Medical Service Act concerning the selection of punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with regard to L having the largest penalty);

1. I and L’s statements to the accused on the grounds of conviction under Articles 70(1) and 69(2) of the Criminal Act may be trusted for the following reasons:

They are specifically stating the details and place of the procedure, the preparation and conduct of the defendant, and the side effects after the procedure.

In particular, I's statements on the reasons why the procedure has been conducted on two occasions are accurately consistent with the defendant's ordinary method of procedure.

(Investigation Records 399 pages) The fact that he/she paid the price for his/her procedure to the defendant is supported by financial transaction data, but it does not seem that he/she is in a position where he/she has a conflict of interest with the defendant to state false facts or to destroy perjury.

crime;