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(영문) 청주지방법원 2014.03.28 2013고단1665
의료법위반
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 15, 2012, the Defendant, at around 15:55, had four persons, such as E, F, G, etc., from the Defendant’s house located in the Da apartment building 611 Dong 1604, Chungcheongnam-gun, Chungcheongnam-gun, and had four persons, such as E, F, and G, enter the body of each other by using a special bed and a part-time engine, and boomed the body of each other by making use of a bed and a part-time engine, and boomed the bed and re-divated the blood by using the part-time engine.

During compliance with whether E et al. properly dumped with E et al., E et al. al. al., E et al. al. licked on three occasions, E et al. al. al., and flicked on three occasions, while E et al. al. al. dumped with the side engine, E et al. al., and F al., E et al. al. al. al. with a “hum, etc.,” and E et al. al.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of G and E;

1. Copy of the statement made to H by the police;

1. A copy of the report on occurrence of accidents;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure;

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) and 27 (1) of the Act on the Selection of Criminal Crimes, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. In the course of the Defendant’s act of unlicensed medical treatment for sentencing under Article 48(1)1 of the Criminal Code, the symptoms of the Macambling to the victim appeared externally and the victim died.

However, since the causal relationship between the defendant's medical practice and the victim's death was not medically proven, and the crime that the prosecutor prosecuted and convicted was merely a simple unauthorized medical practice, it is difficult to hold the defendant liable for the victim's death.

The defendant is also in a health condition of the victim.

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