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(영문) 대구지방법원 2016.06.17 2015고정2357
의료법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a herb doctor who established a medical institution under the trade name of “E Hanwon” in Daegu Suwon-gu D.

No medical person shall engage in medical service without establishing a medical institution, and he/she shall engage in medical service within the medical institution.

Nevertheless, around March 9, 2015, the Defendant violated the Medical Service Act by providing medical treatment at least twice a month from August 2014 to March 2015 to a medical institution other than a medical institution, such as treating He (five months after his/her birth), which is an infant patient, in the “E Hanwon, a medical institution established by the Seocho-gu Seoul Metropolitan Government International Medical Doctor G.”

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A written accusation and a public official statement;

1. A certificate (G);

1. Application of Acts and subordinate statutes to medical records;

1. Relevant legal provisions and Articles 90 and 33(1) (generally inclusive) of the former Medical Service Act (Amended by Act No. 13367, Jun. 22, 2015); and the selection of fines for criminal facts

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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