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(영문) 서울중앙지방법원 2015.04.09 2015고단347
의료법위반등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

Even if the defendant is not an oriental medical doctor, he/she was operated by his/her her son on September 2012 and operated by the defendant.

8. From the 16th of Seoul Metropolitan Government D’s 16th of the closing of life-sustaining treatment in a way that the following parts of the F were accumulated into both fingers and to the bones be used below the bones of the knife in the knife, the knife of the sudden patient F, and the knife treatment was provided in a way that the lower part of the F’s name was charged with the knife of the knife, knife of the knife.

The Defendant received KRW 4,50,00 from the above F, after receiving a total of KRW 4,50,000,00 from the Defendant, for three (3) days from this point of view, for a period of three (3) days from this point of view, and received KRW 300,00,00 in total, after providing a veterinary treatment to the said F in September 20 and October 2012.

Accordingly, the defendant provided oriental medical treatment even though he is not an oriental medical doctor.

2. No person other than a pharmacist or herb pharmacist who violates the Pharmaceutical Affairs Act, may sell medicines;

On September 2012, the Defendant sold 5 million won of a public diagnosis, which was a medicine, to the above F in the first place.

Accordingly, the Defendant sold medicines even though he is not a pharmacy founder.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police suspect interrogation protocol (including F substitute part) to E;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Unlicensed medical practice: Comprehensively, Article 87 (1) 2 of the Medical Service Act and the main sentence of Article 27 (1) of the same Act (Selection of Fines);

(b) Sales of medicines by a person who is not a pharmacy founder: Article 93 (1) 7 of the Pharmaceutical Affairs Act and the main sentence of Article 44 (1) of the same Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of Aggregation of Total Amounts);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. There is no previous conviction during the period of 72 years of age with the reason for sentencing of Article 334(1) of the Criminal Procedure Act.

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