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(영문) 대구지방법원안동지원 2020.11.10 2020고단185
의료법위반
Text

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

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

Reasons

Punishment of the crime

On July 18, 2014, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for the violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch on July 18, 2014, and the said judgment became final and conclusive on July 26, 2014.

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

On October 2013, 2013, the Defendant conducted a procedure to inject the leger, which is a medical device that had been previously possessed by an injection device, into the part of the skin part of D, for the purpose of sex punishment, such as improving the diameter of face in B apartment C at permanent residence in the early police.

Accordingly, the defendant was not a medical person but a medical person.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (to have telephone conversations for witnesses);

1. A written request for treatment;

1. Previous convictions in the holding: Application of the data on search of the Konet case and the written judgment (the Daegu District Court Branch of the District Court, Daegu High Court, 2014No148);

1. Article 87-2 (2) 2 of the Medical Service Act and the main sentence of Article 27 (1) of the Medical Service Act and the selection of fines for criminal facts;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”), based on the following circumstances, including the Defendant’s age, character and conduct, environment, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, and the conditions of the sentencing as ordered.

The favorable circumstances: The defendant's act of crime is recognized, the unauthorized medical practice is conducted against D which has maintained close relations with the defendant once, and the defendant does not seem to have received the consideration, and when judgment is rendered simultaneously with the crime of violation of the Road Traffic Act (driving) in which judgment became final and conclusive, the equity should be considered: a serious punishment is required as a crime that may cause harm to the health of the people, including the person subject to the procedure.

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