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(영문) 서울남부지방법원 2018.11.07 2018고단2511
의료법위반등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. A person, other than a medical corporation, medical institution or medical person, who has violated the Medical Service Act, shall not advertise concerning medical treatment;

Even if the Defendant is not a medical personnel, the Defendant operated a mutual correction center called “D” from October 2017 to March 5, 2018 in the Gangseo-gu Seoul Metropolitan Government Building C, and operated the said center outside the center, and the Defendant’s “febrate Correction Mar. 1, 2017,” with the outside string of the center, “non-clock rehabilitation mathy, non-climatic method, non-pharmaceuticalsy, strengthening of inverte root, natural therapy, i.e., immunological proof, attitude, correction, and side effect.”

“Along with a traffic accident aftermath, the advertisement was made on the content that “dypology, fluoral disorder, pulphal disc, side fluoral disc, fire extinguishing disorder, Atotopy in high birth due to an Atopy, chronic skin, two parts due to stress, stress, and a shoulder fluorial fluoral fluor.”

As a result, the Defendant advertised medical treatment even though he is not a medical person.

2. No person, other than a medical person, who violates the Act on Special Measures for the Control of Public Health Crimes (or an illegal medical person), shall engage in medical practice for profit-making purposes;

On March 5, 2018, at around 13:30 on March 13:30, 2018, the Defendant, who is not a medical personnel, conducted an interview with E that appeales a brucence at the Correction Center as described in paragraph (1), and thereafter, 1.50,000 won was paid from E in return for the interview.

Accordingly, the defendant was not a medical person, and was engaged in medical practice for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Business registration certificate, qualification certificate, etc.;

1. Stop photographs, on-site photographs (the defendant merely did not perform medical acts such as stoves, etc., on-the-spot photographs, etc.

As such, lives, medical practice called

means the diagnosis, autopsy, prescription, administration with experience and function based on medical expertise.

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