beta
Text
Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
B was working in the "G Council member" located in Suwon-si, and the defendant A is a doctor who operates the above Council member.
1. No person other than Defendant B medical technicians, etc. shall provide medical technicians, etc. with services;
Nevertheless, from July 30, 2012 to September 4, 2012, the Defendant performed the duties of physical technicians, who are medical technicians, using diversical factors, such as divers, low-frequency electric appliances, against many and unspecified patients, who were not medical technicians, in a state where they did not undergo A’s instruction, which is a doctor at the above member’s meeting.
Accordingly, the defendant was not a medical technician but a medical technician.
2. At the time and place specified in paragraph (1) above, Defendant A employed B with knowledge that B is not a medical engineer by the same method as specified in paragraph (1) above, and had him/her perform the duties of a physical clinic who is a medical engineer.
Accordingly, the defendant had a person who is not a medical technician, who is not a medical technician, instigated him to perform the duties of physical technicians.
Summary of Evidence
1. Legal statement of the witness H;
1. Partial statement of a witness I;
1. Application of statutes on site photographs;
1. Article 30 (1) 1, the main sentence of Article 9 (1) of the Medical Technicians, etc. Act, Article 31 (1) of the Criminal Act, Article 31 (1) of the Criminal Act, Article 30 (1) 1, the main sentence of Article 9 (1) of the Medical Technicians, etc. Act, and Article 30 (1) 1 of the Act, and Article 9 (1) A
1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Determination on the Defendants and defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act
1. The gist of the assertion is to the effect that Defendant B only engaged in the business of assisting the physical treatment of Defendant A under the direction of Defendant A, and it is difficult to recognize credibility of the witness H’s legal statement. Thus, the Defendants’ crime of this case cannot be recognized.