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(영문) 광주지방법원 2020.12.17 2020고정563
의료법위반방조
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

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.

B From April 2018 to May 1, 2018, at E’s house, E with net City C and D known to E during the period between E and around 5, 2018, anesthesia into the face part, and knife the face part in the knife, and knife the face part in the knife, and 4,30,000 won from F for operating expenses.

And around June 2018, B performed an operation with the above contents to E in the above place and received KRW 2.3 million in operating expenses.

The Defendant knowingly introduced B and B from April 2018 to May 2018, who was not a medical personnel, to introduce B with E and F. From April 2018, to May 2018, as seen above, sought the house of the above E with B from April 2018 to May 5, 2018, and received KRW 20,000,00 from F, by helping B perform the operation, such as putting the operation equipment, etc. on water and disinfecting it.

Accordingly, the defendant assisted the B's act of unlicensed medical treatment by facilitating it.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Application of Acts and subordinate statutes to the victim's photograph (nine copies) as a result of the inquiry into whether a license (qualification) is obtained by health and medical service personnel (including the F and telephone conversations content with the relevant witness, the suspect B's license, qualification inquiry request and result inquiry) on each investigation report (

1. Article 87-2(2)2 and Article 27(1) of the former Medical Service Act (Amended by Act No. 16375, Apr. 23, 2019); Article 32(1) of the Criminal Act; the selection of fines;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

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

1. The act of performing a sexual surgery conducted by B, who is not a medical person with reason for sentencing under Article 334(1) of the Criminal Procedure Act, is a serious risk to the health of a person who undergoes the surgery.

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