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(영문) 수원지방법원 2018.06.21 2018고정618
의료법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. Defendant A is a person who served as an assistant nurse for nursing at the D oriental medical clinic located in Permitted-si C building 502.

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

Nevertheless, at around 10:30 on January 4, 2018, the Defendant performed a non-licensed medical practice in a manner that, without medical treatment and prescription of an oriental medical doctor, alone makes knee-fee-fe-fe-fe-fe-fe-fe-fe-g

2. Defendant B is a private person who established and is one of the above D's members.

In order to prevent Defendant A, who is an employee of Korea Council member, from committing a violation, the Defendant exercised considerable care and supervision over the relevant duties.

Despite the fact that he neglected to do so and caused the same act of violation as the above 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. A written accusation;

1. A copy of a license for nursing assistant, a report on the establishment of a medical institution, and the application of related photograph Acts and subordinate statutes;

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

1. 70,000 won per fine to be suspended; and

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act, each of the detention in a workhouse;

1. Article 59(1) of the Criminal Code of the Suspension of Sentence 59(1) of the same Act (hereinafter the following grounds for sentencing) acknowledges and reflects the fault of the Defendants, and the summary clause is a medical act with relatively less possibility of causing danger to the patient’s life and body, and there are circumstances to be considered in the course of committing the crime. Defendant A was the first offender and Defendant B did not have any specific history of punishment except for the first offense of a fine of approximately 26 years prior to the imposition of a fine (Defendant B is asserting that he was not aware at all of the above previous offense).

In addition, it is necessary to consider all the sentencing conditions in the arguments, such as the age, status, sex, environment, etc. of the Defendants.

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