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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
The Defendant is a member of the “C” non-profit private organization.
No person, other than a medical person, shall conduct medical practice, and a person shall conduct an infectious treatment by making use of various beds, with a doctor with expertise in the control of infections by the affectedive habit and in the control of affectedive techniques.
Nevertheless, from July 2013 to March 5, 2014, the Defendant provided medical treatment to unspecified older persons inside the service center of Jongno-gu Seoul Metropolitan Government “C” located in Jongno-gu Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Applications for accusation by the president of the Korean Medical Association;
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, comprehensively including the applicable law and the choice of punishment for a crime;
1. A fine not exceeding 300,000 won to be suspended;
1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;
1. Determination as to the defense counsel’s assertion of suspended sentence under Article 59(1) of the Criminal Act (where all circumstances, such as the fact that the defendant has no record of criminal punishment, the fact that the defendant performed the medical act of this case without any consideration as part of volunteer activities, etc., the previous circumstances
1. Summary of the assertion
A. The grounds for the instant punishment (Article 87(1)2 and Article 27(1) of the Medical Service Act) are unconstitutional against the excessive prohibition principle.
(Chapter 1). (b)
The medical practice of this case is justified as an act with the consent of the victim under Article 24 of the Criminal Act (section 2). C.
The medical practice of this case is justified as a legitimate act under Article 20 of the Criminal Act that does not violate the social rules (section 3).2.
A. The term "medical act" in the main sentence of Article 27 (1) of the Medical Service Act of the first week refers to an act in relation to the prevention and treatment of diseases, which is conducted by a person with medical expertise, but is likely to cause harm to human life, body, or public health, and the medical system of a country is of that country.