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집행유예선고유예
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(영문) 서울중앙지방법원 2005. 6. 24. 선고 2004고단6787,2004고정3590,3779,3871(병합) 판결
[의료법위반][미간행]
Escopics

Defendant 1 and nine others

Prosecutor

Ethroop

Defense Counsel

Attorneys Park Jong-ok et al.

Text

Defendant 1’s imprisonment for one year, Defendant 2’s fine of KRW 20 million, Defendant 3’s fine of KRW 15 million, Defendant 4’s fine of KRW 5 million, Defendant 6’s fine of KRW 7 million, Defendant 7’s fine of KRW 12 million, Defendant 8 and Defendant 9’s fine of KRW 10 million, and Defendant 10 million, respectively.

Defendant 2, 3, 4, 6, 7, 8, 9, and 10 fail to pay each of the above fines, the above Defendants shall be confined in each workhouse for the period of converting 50,000 won into one day.

The 135 days of detention prior to the rendering of a judgment shall be included in the above sentence against Defendant 1.

However, for two years from the date this judgment became final and conclusive, the execution of the above sentence against Defendant 1 shall be suspended.

The sentence of punishment against the defendant shall be suspended.

All the evidence seized shall be confiscated by Defendant 1.

The fact-finding of the Korean Medical Association (Reference Committee) among the costs of lawsuit shall be based on the defendant 2, the fact-finding of the Korean Medical Association (Reference Committee) shall be based on the defendant 8, the Korean Medical Association (Reference Committee) and the Korean Medical Association, and the fact-finding of the Korean Medical Association shall be based on the defendant 9 and 10.

Criminal facts

Defendant 1 is a person who has completed a specialized school for nursing and has learned medical knowledge while serving as an assistant nurse at a hospital or clinic and attends a business trip and is specialized in maternity surgery; Defendant 2 is a doctor who runs a (title omitted); Defendant 3 is a doctor who runs a clinic; Defendant 4 is a doctor who runs a (title omitted); Defendant 5 is a doctor who runs a (name omitted) sexual surgery; Defendant 6 is a doctor who operates a (name omitted); Defendant 7 is a doctor who operates a (name omitted); Defendant 8 is a doctor who operates a (name omitted); Defendant 9 is a doctor who operates a (name omitted); Defendant 10 is a doctor who operates a (name omitted); Defendant 5 is a doctor who operates a (name omitted); Defendant 6 is a doctor who operates a (name omitted); Defendant 7 is a doctor who operates a (name omitted); Defendant 8 is a doctor who operates a (name omitted); Defendant 10 is a doctor who operates a (name omitted);

1. Defendant 1 and 2 conspired:

Mabbrow surgery is an act of performing surgery on the basis of medical expertise as a type of cosmetic surgery, and is an act of conducting surgery on the basis of cosmetic surgery. Thus, the above defendant 1 without a doctor's license cannot directly engage in the above procedure, notwithstanding the fact that the above defendant 1 does not have a direct involvement in the procedure

On October 6, 2004, at the operation room of Gangnam-gu Seoul (Stop Number omitted) Seoul (Stop omitted), Non-Party 1 was laid on the operation room of the patient, and Defendant 2 was laid on the eyebrowy floor of the patient concerned with the eyebrowy for the eyebrow treatment (for the purpose of eyebrow), and the above Defendant 1 was laid on a certain angle at the back of the patient's head, she was laid off on the part of the above her head, and she performed her hair treatment by the method of correcting the direction of hair so that the transplant can lead to the upper part of the transplant, as described in the attached list of crimes (1) as well as on the part of the attached list of crimes (1); and

2. Defendant 2:

No person may advertise by means of mass advertising, camciologic description, photograph, printed material, broadcast, design, etc. with respect to the function, method of medical treatment, assistance in child delivery, efficacy, etc. of a specific medical institution or specific medical person, despite its failure to do so;

From November 1, 2001 to October 20, 2004, an advertisement is made for the treatment methods, etc. of a specific medical person by setting up the Gangnam (name omitted) website (ww. omitted.co.co.r) at Gangnam (name omitted) at the above (name omitted) source and posting the method of physical care, photographs before and after the procedure, the detailed method of crying, the method of crypting after the procedure, the ex post facto method, etc.;

3. Defendant 1 or 3 conspired,

On February 27, 2004, at the Gangnam-gu Seoul (Stop Number omitted), the Seoul (Stop omitted) operation room of the Gangnam-gu (Stop omitted), the patient Non-indicted 2 was placed on the beds for the surgery, laid the hair removed from the rear head of the above patient, carried out the hairing procedure by inserting the snife in the manner to the knife of the above patient's head head head, and the above defendant 1 conducts the hairing procedure by inserting the fnife to the fnife level of the above patient's head head, as shown in the attached list of crimes (2), provides the same method from that time to October 2, 2004 to 20 times;

4. Defendant 1 and 4 conspired,

On January 4, 2004, at the operation room of the Jin-gu Busan Metropolitan City (detailed number omitted), the patient Non-indicted 3 is laid on the part of the back head of the above patient, laid the hair removed from the back head of the above patient, and the above defendant 1 conducts a hairing procedure by inserting the knife to the knife floor of the above patient's head head, etc. in the same manner two times from that point to September 24, 2004, as shown in the annexed crime sight table (3).

5. Defendant 1 and 5 conspired,

On July 28, 2004, at the operating room of the Dongjak-gu Seoul Metropolitan Government (Stop Number omitted) Hospital (Stop omitted), the patient Nonindicted 4 was laid on the beds for an operation, laid the hair removed from the rear head of the above patient, and the above defendant 1 performed a transplant procedure by inserting the hair to the finch of the above patient’s finch, by inserting the finch on the part of the back head of the above patient,

6. Defendant 1 or 6 conspired,

On January 29, 2004, at the operating room of the Gangnam-gu Seoul (Stop Number omitted) Seoul (Stop omitted), the patient Non-indicted 5 is placed on the beds for surgery, put the hair removed from the back head of the above patient, put the hair removed from the front part of the above patient, and the defendant conducts the hair transplantation procedure by inserting the knife to the knife floor of the above patient's head head, as shown in the attached list of crimes (4), such as conducting the hair transplantation procedure by inserting the knife at the same method from that time to May 29, 2004;

7. Defendant 1 and 7 conspired,

On March 5, 2004, at the operation room of Seocho-gu Seoul Metropolitan Government (Sevis number omitted) (name omitted), the patient Non-Indicted 6 was laid on the beds for operation, laid the hair removed from the back head of the above patient, and the above defendant 1 conducts a hairing procedure by inserting the chroner into the chrons of the above patient's head head head, and then, as shown in the attached list of crimes (5). The above defendant 1 provides medical treatment nine times in total from that time to August 6, 2004 by the same method;

8. Defendant 1 or 8 conspired,

On February 13, 2004, at the operating room of Gangnam-gu Seoul (Stop number omitted) Seoul (Stop omitted), the patient Non-Indicted 7 is placed on the beds for operation, put the hair removed from the rear head of the above patient, and the above defendant 1 conducts a hairing procedure by inserting the snife in the manner of inserting the nife to the nife level of the head head of the above patient, and provides medical treatment three times in total by the same method from January 13, 2004 to July 13, 2004, as shown in the attached list of crimes (6), as shown in the list of crimes (6);

9. Defendant 1 or 9 conspired,

On January 2, 2004, in the Gangnam-gu Seoul Metropolitan Government (detailed number omitted) operation room for the front of the patient, the patient non-indicted 8 is placed on the bend of the operation, the hair removed from the rear head of the above patient, and the above defendant 1 conducts the hair surgery on six occasions in the same manner from the time to October 2, 2004, such as flicking (7) in attached Form 1, such as where the flicker is placed on the part of the above patient's back head, and the hair removed from the part of the above patient's back head, and where the flicker is placed on the part of the above patient's flicker's flicker.

10. In collusion with Defendant 1 or 10:

On January 16, 2004, at the operating room of Songpa-gu Seoul (detailed number omitted) (name omitted), the patient non-indicted 9 is placed in the operation room of Songpa-gu (Seoul), the patient was removed from the back head of the above patient's back head, the head of the equipment was removed from the equipment for the operation, and the above defendant 1 performed a hair operation by inserting the snife in the way that the knife is put into the knife level of the above patient's back part; and

11. Defendant 1:

A. In collusion with Nonindicted 10, who is a doctor operating a wooden Dong (name omitted) member;

On January 7, 2004, at the steering room of Gangseo-gu Seoul Metropolitan Government (detailed number omitted), non-indicted 11 was placed on the patient's non-indicted 1 at the steering room of Gangseo-gu (name omitted), and the defendant has a string of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings of the strings, and

B. (Name omitted) In collusion with Non-Indicted 12, a doctor operating a Council member;

On January 16, 2004, at the operating room of the Seoul Special Metropolitan City Gwangjin-gu (detailed number omitted), the patient Non-Indicted 13 was placed on the beds for operation, laid the hair removed from the rear head of the above patient, laid the hair removed from the front part of the above patient, and the defendant conducts the hair transplantation procedure by inserting the knife to the knife floor of the above patient's head head, as shown in the attached list of crimes (10), such as conducting the hair surgery six times in total from that time to October 6, 2004;

C. In collusion with Nonindicted 14, who is a doctor operating a sericultural room (name omitted);

On January 6, 2004, at the steering room of Songpa-gu Seoul (Sevis number omitted), the patient Non-indicted 15 was placed on the steering bed, was removed from the back part of the above patient's back head, and the defendant conducts the hair transplant procedure by inserting the knife to the knife floor of the above patient's head head, as shown in the attached list of crimes (11), such as where the defendant conducts the hair transplant procedure by inserting the knife flag from that time to September 26, 2004;

D. (Name omitted) In collusion with Nonindicted 16, who is a will to run the imposed clerk.

On February 25, 2004, at the Seongbuk-gu Seoul (detailed number omitted), the head of Seongbuk-gu (Spot Number omitted), placed the patient Nonindicted 17 on the bend of the operation, laid the hair removed from the rear head of the above patient, laid the hair removed from the bend of the above patient at the bend of the operation, and conduct a hair transplant procedure by inserting the bend of the patient's head to the bend of the above head, as shown in the attached list of crimes (12), such as conducting a hair surgery three times in total from that time to June 30, 204, as shown in the attached list of crimes (12);

E. (Name omitted) In collusion with Nonindicted 18, a doctor operating a National Assembly member.

On July 21, 2004, at the operation room of the Gangnam-gu Seoul (Seoul Metropolitan Number omitted), the patient non-indicted 19 was placed on the beds for operation, laid the hair removed from the back part of the above patient's head, laid the hair, and the defendant performed a hair surgery by inserting the knife to the front part of the above patient's head, etc. on two occasions in the same manner from that time to August 12, 2004, as shown in the attached list of crimes (13).

Summary of Evidence

1. The Defendants’ respective legal statements

1. The witness’s legal statement;

1. Each prosecutor's protocol of interrogation of the Defendants (Defendant 4's partial statement)

1. Each prosecutor’s statement on Nonindicted 20, 21, and 22

1. Each written statement of Nonindicted 21 and 22

1. Records of seizure by prosecution;

1. Investigation report (the arrest process of Defendant 1), investigation report (report accompanied by a copy of a bankbook), investigation report (the confirmation report as to whether Defendant 1 assistant nurse was acquired by a non-licensed person), investigation report (the photograph of medical institution, such as a stringer, etc. in which Nonindicted 23 was possessed within a medical room), investigation report (a photo of a stringer, etc. in which Defendant 1 of the non-licensed person carries out a eyebrow system), investigation report (Attachment of photograph of a string, where Defendant 1 of the non-licensed person carries out a eyebrow system), investigation report (Attachment of a copy of a suspect book), and investigation

Judgment on Defendants’ assertion

Defendant 4’s assertion to the effect that Defendant 1 sold a medical device and displayed a demonstration in the president, and did not perform an operation for the patient. However, according to Defendant 1’s statement in this court, it is difficult to accept the above Defendant’s assertion.

Defendant 2, etc. asserted that most of the Defendants, who are doctors, directly performed the surgery including basic examination, anesthesia and after surgery, and Defendant 1, who is an assistant nurse, did not constitute unlicensed medical practice. However, according to the evidence above, Defendant 1, although Defendant 1 was a assistant nurse, he had much professional knowledge about eating and eating, and has excellent skills in eating and drinking, Defendant 1 did not have any clinical experience, and Defendant 1 did not go through the technology of the above Defendants. Defendant 1 1 put the hair to the heart of the mother body, such as the patient’s head or eyebane, and Defendant 2’s act of inserting the mother flag up to the knch of the mother body, and Defendant 2, such as Defendant 2’s hospital, kniffing up to the knife increased and extracted, and then extraction of the above Defendant 1 cannot be deemed as a mere medical act or a person’s body, and thus, Defendant 2’s assertion that the above Defendants’ act did not cause any harm to the human life or body.

Application of Statutes

1. Article applicable to criminal facts;

Articles 66 subparag. 3 and 25(1) of the Medical Service Act, Article 30 of the Criminal Act (the imprisonment with prison labor for Defendant 1, and the selection of each fine for the remaining Defendants)

Defendant 2: Articles 69 and 46(3) of the Medical Service Act

1. Aggravation of concurrent crimes (Defendant 2);

Article 37 (former part), Article 38 (1) 2 and 3, and Article 50 of the Criminal Act

1. Attraction in a workhouse (other Defendants except the Defendant 1);

Articles 70 and 69(2) of the Criminal Code

1. Calculation of days of pre-trial detention (Defendant 1);

Article 57 of the Criminal Act

1. Suspension of execution (Defendant 1);

Article 62 (Consideration of the Criminal Act)

1. Suspension of sentence (Defendant 5);

Article 59(1) of the Criminal Act (the procedure was conducted as part of the educational purpose, and as part of the overseas medical support activities, etc., the condition of the opening is remarkable, so postponed punishment: fine of KRW 3 million, and KRW 50,000 per day)

1. Confiscation (Defendant 1);

Article 48 (1) 1 of the Criminal Act

1. Bearing the costs of lawsuit (Defendant 2, 8, 9,10);

Articles 186(1) and 191(1) of the Criminal Procedure Act

Judge Lee Jong-chul

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