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(영문) 광주지방법원 순천지원 2014.11.05 2014고단1420
의료법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three 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.

On August 2011, the Defendant, even though not a medical personnel, performed medical practice on six occasions as shown in the annexed Crime List from around 201 to August 2013, using an injection equipment on the face of E introduced by a branchr in the area of D shop located in Jeonsung-gun, Jeonsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigative report (affixing photographs, etc. of victims E);

1. A certificate of origin;

1. Application of Acts and subordinate statutes governing recording records;

1. The provision of Article 87 (1) 2 of the Medical Service Act and the main sentence of Article 27 (1) of the same Act and the selection of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for probation and community service order [the scope of recommending punishment] : 8 months to 2 years; when there was prior consent from the patient: if there was prior consent from the patient, the patient’s refusal to punish the patient (decision of sentencing] and the defendant are against each of the above sentencing factors and the defendant; the size of the act without a license, danger, the amount of profit, etc. shall be considered.

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