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(영문) 대전지방법원 2014.07.09 2009고정2357 (1)
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is an oriental medical doctor who operates a Korean medical clinic A in the Daesung-gu U.S. D, and even a medical person is not able to perform medical acts other than those licensed. However, around January 28, 2008, the Defendant used IPL, which is a medical ore dressing hospital, to provide patients with skin treatment, and performed medical acts other than those permitted as an oriental medical doctor's license by June 18, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Submission of additional data by a person who violates the Medical Service Act (50 pages of investigation records);

1. Summary of the Acts and subordinate statutes as a result of inquiry into the Korean Medical Association;

1. Article 87 (1) 2 of the Medical Service Act and Article 27 (1) of the same Act concerning facts constituting an offense;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Fine of 2,00,000 won to be suspended; and

1. The meaning of suspended sentence: A system which suspends the sentence of a minor crime for a specified period and is deemed to be acquitted after the specified period has elapsed;

Effect of suspension of sentence: it shall be considered to be acquitted after two years have elapsed from the date of receiving the suspension of sentence (Article 60 of the Criminal Act). Lapse of the suspension of sentence: The suspended sentence shall be imposed when a person who receives the suspension of sentence becomes subject to a judgment of suspension of qualifications or more severe punishment, or when

(Article 61 of the Criminal Act). Determination on the defendant's and defense counsel's assertion under Article 59 (1) of the Criminal Act (Article 61 of the Criminal Act) (Article 59 (1) of the Criminal Act (Article 61 of the Act) (Article 59 (1) appears to have been weak in recognition of illegality as to the use of IPL by an oriental medical doctor; the date and time stated in the facts charged is that there is no established precedent as to the availability of IPL by an oriental medical doctor or a clear interpretation by a related agency; and

1. The assertion that the treatment using IPL constitutes an oriental medical practice.

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