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(영문) 서울중앙지방법원 2015.8.27.선고 2015고단4569 판결
의료법위반
Cases

2015dan4569 Violation of the Medical Service Act

Defendant

A, Proceedings

Residence

Reference domicile

Prosecutor

OO (prosecutions) andOO (Public trial)

Defense Counsel

Law Firm ○

Attorney 000

Imposition of Judgment

August 27, 2015

Text

Defendant shall be punished by a fine of KRW 3,00,000.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

The defendant is a medical specialist in sexual out of prison who operates a BP hospital in a building located in the Gangnam-gu Seoul Metropolitan ○○○○○○○○-ro.

From January 2014 to July 2014, the Defendant published a medical advertisement with false or exaggerated content by indicating 8 staff members working in the field of sexual surgery at the above hospital’s Internet homepage of the hospital from around 2014 as “the highest medical specialist in each field of sexual surgery is going together with customers based on the systematic medical care system,” although there is no objective standard to verify whether they belong to the highest group in the field of sexual surgery, the Defendant made an advertisement with the customers in each field of sexual surgery, and even in the subject that can be recognized as a medical specialist under the Medical Service Act, even though there is no good music, the peripheral leap, even though there is no “the country’s mass music,” an expression that can be misunderstood by the general public as “the president of the leap medical specialist,” and an expression that is an expression that can be mistaken for the general public.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against the accused and C;

1. Evidential materials (Evidences on the website);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 89 and 56(3) of the Medical Service Act, selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Kim Jong-san

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