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(영문) 서울중앙지방법원 2013.10.11 2012고정3492
의료법위반교사
Text

Defendant

B shall be punished by a fine of 700,000 won.

Defendant

B If the above fine is not paid, 50.

Reasons

Punishment of the crime

Defendant

B is the representative doctor of the "G Hospital" located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "G Hospital").

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

Defendant

B A Around January 16, 2012, even though he was an employee of H with respect to his own duties, he committed a violation of the Medical Service Act by treating patients I at the dental clinic of this case by treating patients I from a dental clinic of this case.

Summary of Evidence

1. Each of the legal statements of the witness J and H;

1. The entry of some of the witness I in the third protocol of trial;

1. Application of Acts and subordinate statutes for medical treatment;

1. Articles 91, 87 (1) 2, and 27 (1) of the Medical Service Act concerning the relevant criminal facts;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act (the point of violation of the Medical Service Act on June 24, 2011 among the facts charged against Defendants A, C, and Defendant B);

1. In this part of the facts charged, Defendant C is a dental technician of this case, Defendant A is a dentist, Defendant B is a representative doctor, and no person, other than a medical person, is allowed to perform medical practice, and no medical person is allowed to perform any medical practice other than those licensed. A.

Defendant

C Defendant C, around June 24, 201, was a dental hygiene doctor at the instant dental clinic, and was provided with dental surgery against patients I.

B. Defendant A instigated Defendant C to commit the above-mentioned violation at the time and time.

C. Defendant B, at the above date and place, committed the above violation by Defendant C and A, an employee with respect to his own business.

2. Determination

A. This part of the facts charged is premised on the premise that Defendant C performed medical practice against the patient I even though it is not a medical personnel, and the Defendants asserted that Defendant A performed medical practice with respect to I as a dentist under the Defendant C’s aid.

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