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(영문) 인천지방법원 부천지원 2017.04.12 2017고단370
의료법위반
Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants, two years have passed from the date of confirmation of each judgment.

Reasons

Punishment of the crime

Defendant

B is an administrative official official seal of the Mapo-gu Seoul Metropolitan Government and the D Hospital with 301th 301, and the defendant A is a dental sanitarian belonging to the above 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.

Nevertheless, the Defendants, using the fact that it is not easy for the Defendants to regulate the oral examination, ordered the Defendant A to conduct the oral examination of the medical person under the name of dentist E, and the Defendant A recruited the method of failing to comply with it.

Accordingly, even if Defendant A is not a medical person, he/she performed a business trip examination at G units located in the YF of Gangwon-do on May 3, 2016, around 08:00, and conducted a dental examination, and as if he/she is a private person E in dental services, Defendant A performed a dental health guidance by checking the state of dental health, such as shock and dental infection, and guiding necessary health measures.

Defendant

A, in addition to this, from around that time to May 25, 2016, was written in the charges of 286 guards as shown in the list of crimes in attached Form 287, but it is obvious that it is a clerical error and thus, it is corrected as above.

The oral health guidance was given to the Gu.

As a result, the Defendants conspired to conduct medical practice without a license.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of I;

1. A written accusation;

1. Application of Acts and subordinate statutes on the table of medical examinations of each mouth;

1. Article 87(1)2 and Article 27(1) of the Medical Service Act, Article 30 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Code of the Social Service Order, the following circumstances are the Defendants’ age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc.

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