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(영문) 서울남부지방법원 2016.04.06 2015고단5647
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a dental technician who operated the “C” in Guro-gu Seoul Metropolitan Government.

No person, other than a medical person, shall perform medical practice.

Even if the Defendant is not a medical person, from March 15, 2014 to October 12, 2014, the Defendant performed a non-licensed medical practice at the residence of D (W, 64 years of age) located in Guro-gu Seoul Metropolitan Government, and at the residence of D over seven to seven-8 times, with D’s care over 28 children, and thereafter, the Defendant performed a non-licensed medical practice on the basis of medical treatment amounting to four million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each letter;

1. Statement of opinion;

1. Application of Acts and subordinate statutes to photographs of hard scrap metal;

1. Article 87 (1) 2 and Article 27 (1) of the Medical Service Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. 8 months to 2 years from the date of imprisonment with prison labor on the sentencing guidelines (food and health crime group, illegal medical acts, one type (Simple non-licensed medical acts), and the basic field);

2. The licenseless medical practice is a serious criminal act that may cause serious damage to one's life.

In fact, the other party to the pertinent unlicensed medical practice suffered serious pain due to the side effects of the Defendant.

Although the Defendant was punished for a fine for the same crime, the Defendant committed the crime of this case.

However, in consideration of the fact that the defendant commits a mistake, the defendant has a previous conviction of the same kind of fine, but more than ten years have passed, and the fact that the defendant has no previous conviction of the suspension of execution or more, the punishment shall be determined like the order.

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