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(영문) 서울중앙지방법원 2013.12.24 2013고단7551

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay a fine, 50,000 won.

Reasons

Punishment of the crime

1. Even though the Defendant is not an oriental medical doctor, the Defendant was in violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operator). However, from the beginning of December 2012 to July 2013 at the Defendant’s residence of Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and 2,760,000 won in total, 2,760,000 won in total.

Accordingly, even if the defendant is not an oriental medical doctor, the defendant was engaged in oriental medical treatments for profit.

2. On July 7, 2013, the Defendant injured by occupational negligence: (a) at the same place as Paragraph (1) on the same day; (b) at both sides of the victim D (inn, 40 years of age).

In the case of such an act of surgery, there was a duty of care to prevent the occurrence of an accident that is caused by the ear of the recipient of the surgery and the occurrence of a dystrophism and the dystrophy on the part of the person in question.

Nevertheless, the Defendant neglected to do so and without having any expert knowledge or experience in blood transfusion, and without checking the status of the victim’s return to each other, suffered injury to the victim by occupational negligence, which caused about 4 weeks of medical treatment on the part of his/her own.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. Recording of each telephone conversation;

1. Application of Acts and subordinate statutes to medical certificates and opinions;

1. Relevant criminal facts of the relevant criminal facts: Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) (Concurrent Imposition of Imprisonment and Fines) of the Medical Service Act: Article 268 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69(2)1 of the Criminal Act for the detention of a workhouse;