In the case of causing death of a person due to an illegal (unlicensed) medical act, whether the act of death by occupational negligence is in the relation of substantive concurrent crimes.

The so-called "unlicensed act" and the so-called occupational death caused by such act are the scope of the act and the form of the act, and one act is not the case of two crimes, but the two crimes are concurrent crimes.

Articles 40, 37, 38, and 268 of the Criminal Act; Article 5 of the Act on Special Measures for the Control of Public Health Crimes

Defendant

Defendant Prosecutor

Daegu District Court of the first instance (72 high-level 187) Dong Branch Court (72 high-level 187)

We reverse the original judgment.

Defendant shall be punished by imprisonment for a term of two years and six months and a fine of one hundred thousand won.

The number of detention days prior to the declaration of the original judgment shall be included in the above imprisonment.

When the above fine is not paid in full, the defendant shall be confined in a workhouse for the period calculated by converting 1,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

One (No. 1), five (No. 15 (No. 2), three (No. 3) and one (No. 4) shall be confiscated in the course of seizure.

The summary of the grounds for appeal by the defendant is as follows: first, despite the so-called so-called concurrent crimes between the act of non-licensed medical treatment and the act of occupational injury and death, the court below erred in the application of the relevant provisions; the summary of the grounds for appeal by the defendant is too unreasonable since the defendant voluntarily surrendered after the crime of this case, and the decision of the court below without reduction or exemption of the punishment is too unreasonable. The summary of the grounds for appeal by the prosecutor is that the judgment of the court below is too unreasonable because the sentencing of the court below is too narrow and unfair. Thus, according to the records, the so-called "the act of non-medical treatment and the act of occupational injury and death by occupational negligence" against the defendant as the so-called defendant at the time of the original trial is considered as two crimes, not only two crimes but also two concurrent crimes. Despite the fact that the two crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below which applied Article 40 of the same Act shall be reversed and the decision of the court below shall be reversed, and the decision of the court below shall be reversed.

Since the facts and evidence relations with the defendant are based on the original judgment, they shall be quoted in accordance with Article 369 of the same Act.

In light of the above legal principles, the defendant is sentenced to imprisonment with prison labor for not more than two years and six months, Article 25 of the Medical Service Act, Article 268 of the Criminal Act, and Article 268 of the Criminal Act. Since the two crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, (2), and Article 50 of the Criminal Act provides that the punishment among them is more severe than the one imposed under the heavier punishment. Since the defendant after the crime of this case, he surrenders himself to an investigator pursuant to Article 52 (1) of the Act, the defendant is sentenced to imprisonment with prison labor for not more than two years and six months, Article 268 of the Criminal Act, Article 268 of the Criminal Act, and the punishment of imprisonment with prison labor for a limited term of not more than 10 won, and Article 38 (1) 2, (4) of the Act on Special Measures for the Control of Public Health Crimes shall be sentenced to imprisonment with prison labor for not more than 50 days and 10 days prior to the above imprisonment with prison labor.

It is so decided as per Disposition.

Judges Kang Shin (Presiding Judge)