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(영문) 서울남부지방법원 2014.10.24 2014고단2607
의료법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

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.

Nevertheless, around August 2009, the Defendant, at the residence of Geumcheon-gu Seoul Metropolitan Government (n, 67 years of age), inserted D(O) into D(O) either 0.5 gym two snows of D(i.e., to injecting drugs) or both snows of D(i.e., to injecting drugs). D(i., to inject them into anesthesia drugs, and (ii) to inject them into 0.5 ghyms each by using an injection device.

Accordingly, even if the defendant is not a medical person, the defendant performed medical practice D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Recording records;

1. The application of the law to the opinion and the medical certificate;

1. Articles 87 (1) 2 and 27 (1) of the Medical Service Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The reason for sentencing under Article 62-2 of the same Act / [Prohibition of Illegal Medical Practice] There is no basic area (8 to 2 years) (a simple non-licensed medical practice) / [decision of sentence] / The defendant is the first offender, 1.5 million won for the victim, deposit money for the victim, and the fact that the defendant was not a doctor is well known to the victim, etc.

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