logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.08.11 2015고단1598
의료법위반
Text

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

Reasons

Punishment of the crime

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

Notwithstanding that the Defendant is not a medical person, on November 10, 2014, at the second floor of the building located in Seo-gu Daejeon, Seo-gu, Daejeon around November 10, 2014, the Defendant performed a medical act by taking knee of D (maee, 65 years of age) over several times by blooding with his/her blooding and compressing with his/her tone, and received KRW 100,000 from D in return.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and F;

1. Statement made by the witness D in the third public trial records;

1. Statement made by the police against D;

1. Investigation report (with respect to the documents submitted by the complainant);

1. Investigation report (victimd phone call);

1. A complaint - A written confirmation of facts, confirmation, diagnosis, confirmation of admission and discharge, application of Acts and subordinate statutes to photographic laws and regulations;

1. The grounds for sentencing under Article 87(1)2 and Article 27(1) of the Medical Service Act on criminal facts and Article 87(1)2 of the same Act on the selection of punishment (the choice of imprisonment) are that the defendant denies and does not entirely reflect the crime of this case. The crime of this case is committed by the defendant by taking advantage of several methods of the defendant, who is not a medical personnel, and is engaged in medical practice by cutting down the crime into the body of the plaintiff, and is very serious and dangerous to commit the crime. The serious injury to the victim was caused by the crime of this case; the defendant did not agree with the victim; the defendant did not make all efforts to recover the damage to the victim; the victim did not want a serious punishment against the defendant; and the defendant was convicted of a suspended sentence for the same crime.

In addition, all the conditions of sentencing prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines for simple non-licensed medical practice conducted by the Supreme Court.

arrow