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(영문) 대구지방법원 김천지원 2014.08.20 2014고정397
의료법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in the management business of the skin and the non-fachising while operating the C secondarys shop in the Gu and US-si building B.

1. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

Nevertheless, at around 16:00 on August 30, 2013, the Defendant: (a) entrusted a skin manager D, an employee, with a yachting management (local decomposition) to customer E; and (b) allowed the above D to carry out a skin navigation by putting his/her life on the part of the clothes of the above E by using compressed power for about 50 minutes; and (c) allowed D to carry out a skin navigation by taking advantage of compressed power.

Accordingly, even though the defendant is not a medical person, the defendant performed the incidental treatment as a medical person.

2. The Defendant was occupationally injured by occupational negligence, who is engaged in the administration of skins and sacrines using the skins, etc. as above, and was obligated to thoroughly educate employees of the methods of using the said skins (use of approximately 10 to 20 minutes on one side) and manage and supervise them so as not to cause side effects, while neglecting this duty, and ordering employees DD who do not have any license at the time and place specified in paragraph (1) to perform an operation of sub-paragraph (1) and attach an automatic resistance to the parts of the victim E (age 31) and caused the victim to suffer injury, such as the sacrine infection of the skins and the skins of the skins that require approximately 50 minutes of treatment for the victim by occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. Part of statement E in the second police interrogation protocol against the accused;

1. Each police statement of the E, D, and F;

1. A written accusation of E;

1. The application of Acts and subordinate statutes to each investigation report (in case of attaching photographs and stast photographs taken on the parts of a set of body);

1. Article 87 (1) 2 of the Medical Service Act and Article 27 (1) of the same Act ( point of unauthorized Medical Practice) for criminal facts, the Criminal Act;

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