2019 High Court 127 Violation of the Medical Service Act

A

The current state of his/her hand, the amount of his/her personal injury, and the public trial.

2019,3.13

Defendant shall be punished by a fine of KRW 1,000,000. If the Defendant does not pay the above fine, the Defendant shall be confined in the workhouse for the period calculated by converting the amount of KRW 100,000 into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

No person, other than a medical person, shall perform any medical practice, and no medical person shall perform any medical practice other than the licensed one. The defendant, who is a wholesale company B, purchased a shot, a prescription prescription, from the representative C of the drug wholesale company, individually, intended to provide injection to his family and surrounding people without any medical doctor's treatment or prescription.

A. On September 27, 2013, the Defendant purchased ten so-called "10,00 won per dog" from C, and in early October 2013, the Defendant injected 10 so-called "10 so-called So-called Busan So-called D apartment**** Dong** at the home of the Defendant in heading ** 10 so-called "10 so-called 10 so-called so-called 10 so-called 10 so-called 10 so-called 10 so-called 10 so-called "10 so-called 100 so-called

B. Around October 1, 2014, the Defendant purchased 10 softs from C (10,000-12,000 won per single unit) from C; on October 2013, 2013, the Defendant took 10 softs from C to his husband, her father, 2 married children, 4 family members, and 10 solitarys from his/her family members to his/her three arms; on September 24, 2015, the Defendant purchased 10 solitarys from C (10,000-12,00 won per single unit); and on October 9, 2015, the Defendant taken 2, 4, 3, and 10 solitarys from his/her home to his/her husband, her husband, 2, 4, and 3, and 100 solitarys from his/her family members to his/her family members, respectively.

D. On October 4, 2016, the Defendant purchased 10 softs from C (12,00-14,000 won per single unit) from C, and took 10 solitarys from the family of the Defendant’s 9-Ga on October 9, 2016 to his husband, her father, her father, 2 married, 4 family members, 3 members of the Dong, and 10 solitarys from the family of the Defendant’s husband, her husband, her husband, her husband, her family member, her family member, respectively;

E. Around September 26, 2017, the Defendant purchased ten softs from C (12,000-14,000 won per single unit). On October 9, 2017, the Defendant injected 10 solitarys into three arms of her husband, her father, her father, 2 father, her family, 4, her family members, and her husband, her husband, her husband, her husband, her husband, her family member, and her family member.

As a result, the defendant provided without medical treatment or prescription to those who are not family members, and provided without medical treatment by means of injecting sos about 50 times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (tender number (case number: No. 2017-3663) shall be accompanied by a copy of documents of the case);

1. Report on investigation (verification of suspect A readings together with the amount of suspect A readings);

Application of Statutes

1. Article applicable to criminal facts;

Article 87(1)2 and Article 27(1) of the Medical Service Act; Selection of a fine

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act.

Judges Kim Gung-han