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(영문) 서울남부지방법원 2016.05.19 2016고단1174
의료법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one month from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

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

However, although the defendant is not a medical person, he received KRW 1 million from B and performed medical practice three times as follows.

A. On September 15, 2014, the Defendant: (a) prepared D’s house located on the G2nd floor of the Gyeonggi-si Government of the Republic of Korea; (b) prepared in advance the medical appliances such as Bostan; (c) “ Bosia” (sexually injectings); and (d) inserted Bostan into B’s base; and (c) continuously inserted them into B’s base part; and (d) inserted them into B’s e, see, and face base part.

B. On September 25, 2014, the Defendant: (a) around September 25, 2014, performed a procedure of inserting Bos and chines into the face of B in the same manner as the above paragraph (a).

(c)

At around October 14, 2014, the Defendant performed a procedure to inserting B’s face ples and chines in the same manner as the above paragraph (a).

2. At the time and place specified in paragraph 1, the Defendant: (a) had a duty of care to safely administer the victim B with a medical device, such as Stockholm, which is likely to cause harm to health and sanitation; and (b) taking appropriate measures to prevent side effects; (c) neglected such duty; (d) instead, inserted Boxs, etc. above the victim’s face to the victim’s face, thereby resulting in injury to the victim where approximately three months of treatment is required.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes requesting appraisal;

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

In this case, Article 268 of the Criminal Act (the injury caused by occupational or practical injury) is applied.

1. Recognizing each act, i.e., imprisonment without prison labor.

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