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(영문) 대전지방법원 천안지원 2016.03.31 2015고단1772
의료법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

Although the Defendant is not a medical person, he/she performed a non-licensed medical practice, such as being placed in kneee, head, etc. of the victim D (Veeeeeeeeee, head, ship, and right arms upper part of the ele part of the victim D (Seeeeeee, 67) who was found to receive medical treatment in the Defendant’s residence located in Asan-si 302 on April 9, 2015, even if he/she is not a medical person.

2. The Defendant injured by occupational injury has a duty of care to safely remove the intrusion he left to D in the above victim’s medical act, such as inception, at the above location at the time specified in paragraph (1).

Nevertheless, the Defendant neglected to perform the above duty of care and failed to safely remove the course that was placed on the upper part of the victim's right blue part of the victim's right blue, and caused injury to the victim by causing the victim to undergo a removal operation on the inside of the arms, making the blue blue so that he can be deprived of it, thereby causing about two weeks of injury to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 87 (1) 2 of the Medical Service Act and Article 27 (1) 2 of the same Act (the occupation of unlicensed medical practice, the choice of imprisonment), Article 268 of the Criminal Act (the occupation of occupational and dental practice, and the choice of imprisonment without prison labor) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and (2), and Article 50 of the said Act (Aggravation of the punishment imposed on a person who violates a heavier Medical Service Act);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Scope of recommended punishment for a violation of the Medical Service Act: The basic area (from August to two years) and the special sentencing range shall not be applied to the illegal medical practice.

3. Determination of sentence: a matter out of the matter in light of the same criminal history and degree of breach of duty of care; and

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