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(영문) 전주지방법원 2017.08.10 2017고단623
의료법위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants, as married couple, set up a business with a trade name called "E" from the Donsan-gu D and the 2nd floor in the Jeonju-si.

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, other than medical personnel, in collusion between February 2, 2016 and December 12, 2016, received approximately KRW 70,000 per 1 person as education expenses from trainees who intend to obtain F Certification in collusion, and received approximately KRW 4,50,000 per 1 person as education expenses against them. The Defendants, other than medical personnel, conducted medical acts, such as blood transfusion and side navigation.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 87(1)2 of the Medical Service Act and Article 27(1) of the same Act ( comprehensively, the Defendants’ selection of fines) on criminal facts

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Judgment on the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendants asserted that they did not perform medical practice but did not perform the surgery against the patient or the general public as part of the medical practice. The Defendants registered as the FSchool Training Institute and showed the blood transfusion and the side test for the students. Therefore, the Defendants did not perform medical practice.

B. In full view of the fact that acts contrary to social norms are not in violation of the foregoing, and thus are not in violation of social norms, and thus, the risk of the procedure is low as a universalized private law, and the Defendants have the F academic conference qualification certificate, which is a non-governmental professional organization, with sufficient professional knowledge and sufficient experience in the procedure, and were performed as part of the educational activity, the Defendants’ act is dismissed as an act that is acceptable in light of social ethics or social norms, and thus, it does not contravene social norms.

2. Determination:

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