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(영문) 서울동부지방법원 2013.03.22 2012고정1730
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant operated the Songpa-gu Seoul Metropolitan Government Department. The Defendant, in collusion with D non-medical personnel, agreed to perform D/C/C/ for customers found in dental surgery operated by the Defendant. On November 29, 201, December 22, 201, and February 9, 2012, in the above C/C department, D/D puts his hand in the mouth of E/her patients into the mouth of E, thereby engaging them to perform medical practice.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

1. Article 87 (1) 2 of the Medical Service Act, the main sentence of Article 27 (1) of the same Act, Article 30 of the Criminal Act, the selection of fines for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Penalty fine of 700,000 won to be imposed on the suspension of sentence (50,000 won per day);

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

1. Determination as to the assertion by the Defendant and the defense counsel under Article 59(1) of the Criminal Act (i.e., the absence of criminal records, the circumstances leading to the instant case, and the fact that there are circumstances that the same act would not be repeated in the future) of the suspended sentence

1. The Defendant, knowing D as dental technicians, was supplied with dental appliances within the oral area of E from D. The Defendant, while performing dental marbling operations, ordered D to comply with the marbling of dental appliances unless dental appliances are well in conformity with D while performing dental marbling operations. At that time, the Defendant kept the marries, and such D’s act is merely a treatment assistive act carried out subsequent to the Defendant’s treatment and does not constitute medical practice under the Medical Service Act.

2. Determination

A. The term "medical act" refers to the act of preventing or treating a disease caused by the diagnosis, autopsy, prescription, medication, or an extracurricular procedure with the experience and function based on medical expertise, and the act of not being performed by a medical person.

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