The sentence of each sentence shall be suspended against the Defendants.

Punishment of the crime

Defendant

A is a person who works as a nurse for nursing at the hospital located in Ulsan-gu C, Ulsan-gu, and the defendant B is the president of the relevant hospital and the employer of the defendant A.

1. 의료인이 아니면 누구든지 의료행위를 할 수 없음에도 불구하고 피고인 A은 2016. 5. 30. 17:00 경 울산 중구 C에 있는 D 병원에서 병원을 방문한 환자 E(98 년생, 남) 의 발 뒤꿈치 상처를 꿰매는 의료행위를 하였다.

Therefore, even though the defendant is not a medical person, the defendant violates the Medical Service Act by providing medical treatment.

2. Although Defendant B is not negligent in giving due attention and supervision concerning the pertinent duties to prevent Defendant A, not a medical personnel, from performing medical practice, Defendant B is in violation of the Medical Service Act by neglecting to exercise due care and supervision over the pertinent duties.

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. Statement made by the witness F in the third public trial records;

1. Application of the Acts and subordinate statutes in which the statement of witness G is entered in the fifth public trial protocol;

1. Article 87 (1) 2 of the Medical Service Act and Article 27 (1) (or (1) 1 of the same Act) Defendant B: Articles 91, 87 (1) 2, and 27 (1) (or (2) of the Medical Service Act) of the same Act;

1. Punishment of a fine not exceeding 1,000,000 won to be suspended; and

1. Article 70(1) and Article 69(2) of the Criminal Act (the period computed by converting each 100,000 won into one day) by detention in a workhouse;

1. The judgment on the defendants' assertion under Article 59 (1) of the Criminal Code (the court below did not have any previous conviction against Defendant A, Defendant B did not cause any harm to the patient's health due to the instant procedure, the instant procedure is relatively minor and thus there is little risk, Defendant B ordered the act of Defendant A and provided medical treatment to the patient, and other circumstances revealed in the pleadings, such as the defendants' age, sexual conduct, environment, motive, etc.) of the suspended sentence.