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(영문) 부산지방법원 2014.04.25 2013고정6234
의료법위반
Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 2013, the Defendant: (a) carried out a dives operation to diversize the area using a Kabing machine (a machine in which local decomposition materials are injected into the body), which is a medical machine, after sticking the dives of the patient E, even though he/she could not perform medical practice as an assistant nurse at the dives located in the dong-gu, Busan Metropolitan City.

Accordingly, the defendant provided medical treatment even though he is not a medical person.

2. On June 2013, Defendant B: (a) performed a surgery of extracting blood by attaching a section on the patient’s her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant provided medical treatment even though he is not a medical person.

Summary of Evidence

1. Defendants’ legal statement

1. Copy of the police statement of E;

1. Application of a copy of the statute of accusation [Defendant A]

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) and 27 (1) of the same Act concerning criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act [Defendant B] of the provisional payment order;

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) and 27 (1) of the same Act concerning criminal facts, the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (the fact that there is no history of criminal punishment imposed on the defendant B, the age of the defendant B still appears to have no import, and the details of the case and the circumstances leading to the crime, etc.);

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