Text
Defendant
A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of five hundred thousand won.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
A is an oriental medical doctor who operates “F Hanwon” in Overcheon-si E and 205, and Defendant B and G are those who work as an employee of the above Institute.
1. In spite of the Defendants’ co-criminals, no person, other than the medical personnel, is allowed to conduct a medical practice. Defendant A, around November 26, 2009, performed a rupture in the course of the treatment of He, who was the patient at the above Han-won, and instructed Defendant B, who is not entitled to nursing careless, to conduct a rupture without a license from that time until March 2010.
As a result, the Defendants conspired to conduct a non-licensed practice.
2. A person, other than Defendant A, was unable to perform a medical act, and Defendant A performed an unlicensed medical act from November 26, 2009 to March 201, 201, following the procedure of the treatment of the above H, Defendant A administered an invasion on the return while the treatment of the above H, and directed G not qualified as a nursing assistant, setting the top, and G instructed the above H to put the top, setting the top, and setting the top, etc.
Accordingly, the defendant conspireds with G to conduct unlicensed medical practice.
Summary of Evidence
[Article 1]
1. Statement made by the witness H in the second public trial record;
1. A reply to fact-finding (acquisition of the qualification for nursing assistance) (Article 2 of the Decision);
1. Defendant A’s legal statement
1. Each statement of the witness H and I in the second public trial records;
1. Application of Acts and subordinate statutes to inquiries about facts (acquisition of qualifications for nursing assistance) and replies;
1. Relevant Article of the Act and the choice of punishment for the crime;
(a) Defendant A: Article 87(1)2 and Article 27(1) of the Medical Service Act; Article 30 of the Criminal Act (the occupation of a non-licensed medical practice and the selection of a fine);
B. Defendant B: Articles 87(1)2 and 27(1) of this Act, and Article 30 of the Criminal Act (the occupation of unlicensed medical practice and the selection of fines)
1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants of the provisional payment order: