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(영문) 춘천지방법원 2016.10.26 2016고정327
의료법위반등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is not a medical person.

1. On October 19, 2015, the Defendant, within the Dsports Center located in Suwon Hongcheon-gun C, injected the medication of E (41 years of age) into the right ch (3rd) by using an injection device within the Dsports Center located in Gangnam-gun, the Defendant continued to perform one-day champing procedure, and continued to use the injection device for about 250ml of the number called Aminminic acid (250ml of the Aminic acid) on the blood part of E’s left part, for about one hour.

2. On the 23th day of the same month, the Defendant injected, at the above place, 250ml for about one hour, a large amount of 250ml of an Amininium on the left side of the E in the above manner.

The defendant received 122,00 won in return and performed non-licensed medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) and 27 (1) of the same Act concerning criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in depth of the defendant's mistake; the defendant has already been issued and finalized a summary order of KRW 1 million on May 17, 2016 due to a separate violation of the Medical Service Act committed around the time of each of the instant crimes; the defendant's acquisition in return for each of the instant crimes is the weak value; the defendant's personal gain appears to be almost little; the defendant has no record of being subject to special criminal punishment except for the above summary order; the defendant has other criminal punishment; the defendant's age, character and conduct, environment, motive, means and consequence leading to each of the instant crimes; the circumstances after the instant crimes; and all other circumstances constituting the conditions for sentencing specified in the records and arguments of the instant case.

Parts of innocence

1. The facts charged.

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