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(영문) 부산지방법원 2014.08.28 2014고단3289
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

Although a person who is not a medical person is not a medical person, the defendant did the following medical treatments even though he is not a medical person.

1. On May 2013, the Defendant, at the Defendant’s place of residence located in Busan Northern-gu Ctel 1103, equipped with the appliances and equipment for the e-mail surgery, such as the e-mail, knife, anesthesia and anesthesia, and found the place by inserting the e-mail into the skin of the left upper part of D, a customer, by inserting the fnife sof as to injecting the fnife flife, and received KRW 70,000 from E, F, and G in the same place around that time.

2. On February 28, 2014, the Defendant: (a) performed 70,000 won in the same manner against an infertility woman who found his/her place at the same place; and (b) received 70,000 won in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. Records of seizure and the list of seizure;

1. A request for appraisal, reply and written appraisal;

1. Application of statutes on site photographs;

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

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

1. Article 62 (1) of the Criminal Act (Considering the following favorable sentencing grounds):

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] The mitigated area of category 1 (Simple Unlicensed Medical Practice) (4-1) [Special Mitigation] medical practice itself is objectively dangerous or medical treatment effect (the decision of sentence] 8 months of imprisonment, suspension of execution 2 years (the fact that the crime in this case has the same criminal record against the defendant, but the crime in this case was conducted by the solicitation of the administering person, the fact that the crime in this case did not receive meaningful consideration, the fact that there was no record of being sentenced to suspension of qualification or more punishment, and the fact that there was no record of being sentenced to suspension of qualification or more punishment, etc.). It is so decided as per Disposition.

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