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(영문) 광주지방법원 2018.12.13 2018고단1417
의료법위반등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Notwithstanding the fact that the Defendant is not a medical person, on July 23, 2017, in the house of the Defendant located in Yangyang-gun B prior to the lapse of 16:00 on July 23, 2017, the Defendant conducted a fluoring procedure three times by inserting the blus and fingers of the victim C (V, 58 years old) attending the same church into the flus and fingers.

2. The Defendant, who was injured by occupational injury, was placed in the elbows and fingers for the treatment of the above victim’s joints at the time and place specified in paragraph 1.

In that sense, it is a medical practice that is to injecting a boom, and thus, the procedure is conducted by a medical person, and the medical person has a duty of care to conduct the procedure after checking the safety of the procedure after sufficiently considering the patient's condition, possibility of side effects at the time of the procedure before the procedure.

Nevertheless, the Defendant neglected this and did not confirm the safety of the bed treatment even if he is not a medical person, and performed a bed from the bed of the victim's elbows and fingers three times, and caused the victim to have the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the bed of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the prosecutor's office or the police interrogation of the accused;

1. Each police statement made to D or E;

1. Medical certificates, opinions, medical opinions, and written confirmation of hospitalization;

1. Recordings of each recording record (for a time, 2, 3, 4, 5) and criminal investigation data replys (for a time, 11);

1. Application of each statute of the judgment;

1. Article 87 (1) 2, Article 27 (1) of the Medical Service Act (Unlicensed Medical Care Act, Selection of imprisonment), Article 260 of the Criminal Act (the occupation of duties and duties, and Selection of imprisonment without prison labor) concerning facts constituting an offense;

1. Each of the crimes listed in the judgment is in a mutually competitive relationship with each other;

In light of the fact that Article 40 of the Criminal Code was applied, but each of the above crimes is charged.

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