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(영문) 창원지방법원 2016.12.14 2016고단3283
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant

A Imprisonment with prison labor of two years and fines of ten million won, Defendant B imprisonment with prison labor of one year and fine of five million won, and Defendant C.

Reasons

Punishment of the crime

[Criminal Power] On January 12, 2012, Defendant A sentenced Defendant A to imprisonment with prison labor for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) at the Busan High Court, on March 12, 2012, and the parole period was expired on December 24, 2013, and the parole period was expired on August 8, 2014.

【Criminal Facts】

1. Around January 2016, Defendant A’s violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) committed by Defendant A as the president on the third floor of the 197 Kimhae-si, setting up a sexual intercourse with the name of “Jwon” on the third floor of the 3rd floor of the 197 Kimhae-si, with the mind of having been working as a former assistant nurse, and having been working as a sexual intercourse with a doctor by taking advantage of the experience

Around February 19, 2016, the Defendant: (a) around February 19, 2016, performed a medical practice, such as writing practice, cryp operation, chest removal surgery, chest removal surgery, and sexual counseling, on a total of 21 occasions from the same day to May 7, 2016, including receiving KRW 150,00,00 from the above JJwon to K (V, 25 years of age).

Accordingly, the defendant was not a medical person, but performed medical practice for profit.

2. Defendant C is a general doctor (a doctor license number N) who operates “M sexual outdoor department” on the 6th floor of the Changwon-si L Building in Changwon-si, and is a doctor working only on Sundays without being registered with the competent authority from January 2016 to the above J council as a medical doctor and working only on Sundays.

No person, other than a doctor, dentist or herb doctor, who directly conducts medical examination or performs an examination in violation of the Medical Service Act, shall prepare a medical certificate, autopsy report, certificate or prescription and deliver it to the patient.

Nevertheless, the Defendant, on February 14, 2016, directly diagnosed the P(S) (the age of 41), a patient of the Republic of Korea, at the above J’s Council, but issued a prescription under the name of another doctor registered with the J Council, such as issuing a prescription under the name of P(the Medical License Number Q) registered with the J Council, and became registered with P, R, and S over 21 times in total.

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