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(영문) 서울중앙지방법원 2017.11.07 2017고정1255
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant is the president of the “D Councilor” medical institution, the medical department of which is a specialized department for skin and sex aesthetic surgery, such as Boxa, written, and reflected literacy treatment, in Gangnam-gu Seoul.

No person, other than a medical person, shall perform medical practice.

Nevertheless, as the patient's increase makes it impossible for the defendant to perform all the procedures due to the increase of the patient, the defendant himself/herself, in the case of the eyebrow reflected surgery, only the role of the patient's condition after the surgery and the verification of the patient's condition after the surgery, and the actual grammatic procedure was committed with an interview to the non-medical person (hereinafter referred to as the "marth").

In collusion with E, F, G, and H on April 18, 2014, from around June 7, 2016 to around June 7, 2016, the Defendant: (a) performed anesthesia surgery by inserting narcotics on the part of the eyebrow for unspecified customers found to undergo the eyebrow surgery; and (b) conducted anesthesia surgery by putting them into the body of the skin with the body of the skin after the Defendant’s diagnosis.

In the end, the Defendant and E, F, G, and H conspired to conduct medical practice, and they were not medical personnel.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Statement made by the police to J;

1. Each statement of G, E, and F;

1. Each protocol of seizure and each list of seizure;

1. Each report on investigation;

1. The application of Acts and subordinate statutes governing the place of search, seizure and photographing, Kakao Stockholm and Kakao Stockholm photographs, copies of the place of treatment, records of each treatment, records of each treatment, and the place of treatment, upon request for appraisal;

1. Article 87(1)2 and Article 27(1) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); Article 30 of the Criminal Act on the basis of the relevant criminal facts;

1. Penalty fine of KRW 3,000,000 to be suspended;

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

1. Article 59(1) of the Criminal Act of the suspended sentence (the defendant's own.

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