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(영문) 창원지방법원 2016.09.21 2015고단3435
의료법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Despite the fact that a person, other than a medical person violating the Medical Service Act, was unable to perform medical practice, the Defendant, at the “C” four-day shop of the Defendant’s operation on the first floor of the Kimhae-si B Building on November 17:0, 2014, attached D’s anesthesia, and carried out an inception procedure by inserting it into automatic credit machine, and then inserting it into the automatic flacing machine.

2. The Defendant had a duty of care to take appropriate measures to prevent adverse effects, such as infection, etc., on the part of the Defendant, at the time and place of the above paragraph (1) above, in the course of performing literacy operations.

Nevertheless, the defendant neglected to perform the above procedure and caused the victim to suffer an injury to the victim on the part of the inner part and on the part of the victim for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes to certificates of medical treatment, photographs of injury, and written diagnosis of injury;

1. Articles 87(1)2 and 27(1) of the Medical Service Act (a) of the relevant Act on criminal facts; Article 268 of the Criminal Act (a point of non-licensed medical acts); and the choice of imprisonment with labor, respectively;

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

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Normals unfavorable: The degree of injury is minor and agreed with the victim, which is favorable to the fact that one-time suspension of execution is a crime of the same kind (violation of the Medical Service Act).

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