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(영문) 대전지방법원 2018.02.06 2017고단4561
의료법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who operates the Health Care Center in the name of ‘C' from the second floor located in Seo-gu Daejeon-gu Daejeon.

No person other than a medical person shall perform medical practice.

Although the Defendant is not an oriental medical doctor, the Defendant, around August 9, 2017, placed D’s clothes, losses, etc. in D’s clothes, losses, etc. at D’s “C” around the same day from November to May 15, 201, performed non-licensed medical practice, such as administering bed on the clothes, losses, and face of D’s clothes at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a written complaint, a medical certificate (D), and a victim's returned photograph ( August 16, 200)

1. Article 87 (1) 2 and Article 27 (1) of the Medical Service Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of the recommended sentence] The basic area (8 to 2 years) of Class 1 (Simple Unlicensed Medical Practice) (the person subject to special sentencing] (the decision of sentence] of the Defendant’s non-licensed medical practice in the instant case is unfavorable to the Defendant.

On the other hand, the fact that the defendant led to the confession and reflect of the crime, and that there is no particular criminal history except for the punishment of fines twice including one time of the same punishment, and that the defendant agreed with D is favorable to the defendant.

In light of the above circumstances, the defendant's age, occupation, family relationship, sex behavior, environment, and circumstances before and after the crime, various sentencing conditions as shown in the records shall be determined as ordered.

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