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(영문) 전주지방법원 2017.10.13 2017고단1056

의료법위반

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years 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, and no medical person shall perform any medical practice other than that licensed.

The defendant is not a medical person.

Nevertheless, on November 25, 2008, the Defendant, at the residence of the Defendant, around Kim Jong-si, 102, 702-dong 102-dong 702, the Defendant, using the scam and bed with the scam to D and received 70,000 won from the scam for a bed during 625 times from the scam to February 15, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to D;

1. Complaint;

1. Application of Acts and subordinate statutes to each investigation report (to hear statements by a criminal suspect, a person who has filed a complaint for on-site verification of apartment buildings, refuse to request the submission of details, such as a suspect E-request for attendance, Nonghyup Account, etc., family relation certificate submitted by the criminal suspect E, attachment of account statement, counter account statement of transfer of medical expenses submitted

1. Article 87(1)2 and Article 27(1) of the former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015; hereinafter referred to as the “former Medical Service Act”) regarding criminal facts and the selection of punishment ( comprehensively, the choice of imprisonment with labor)

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc.

1. Although the defendant's assertion of the defendant and his defense counsel received money from D with his/her sealing, the number of such acts and the amount of money are not same as criminal facts.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, there is no reasonable doubt that the Defendant engaged in an unlicensed medical practice like the facts constituting an offense, and thus, the above assertion by the Defendant and the defense counsel is rejected.

(a) D. D.