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(영문) 부산지방법원 2012.12.26 2011고정4515
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates the sexual surgery, etc. with the trade name of D, from the 10th floor to the 8th floor of the 10th floor building in Busan-gu.

Under the Medical Service Act, medical personnel cannot make an advertisement that is likely to mislead consumers by guaranteeing treatment effect, etc. However, on May 4, 201, the Defendant, on the Internet homepage (E.) column of the above hospital (E.) (E.), published the name-free patient’s mmomoto photograph without direct treatment and the general surgery ple photograph, which does not specify the treatment period, by comparing it with the name-free patient’s mmomomomoto photograph. In explaining the mmomomomoto, the mmomomomoto procedure was inserted with the phrase “mmomos, painless, unfluorless, and accurate mmomomoto procedure”, which is likely to mislead consumers, such as guaranteeing treatment effect as ple and pain without pain.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Application of photographic Acts and subordinate statutes by cutting down a DNA website;

1. Article 89 of the relevant Act on Criminal facts, Articles 89 and 56 (2) 2 of the Medical Service Act on the Selection of Punishment, and 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. Determination as to the assertion by the defendant or his defense counsel under Article 59(1) of the Criminal Code (the deletion of a comparative photograph with the above advertising phrase after this case, the content of the notice appears to be based on the advertisement book distributed mainly from the investigation of medical device, the defendant seems to be subject to administrative disposition due to this case, and all the circumstances such as sentencing of the same case) of the suspended sentence

1. The summary of the claim and the defense counsel are ① Compared photographs or phrases posted on the homepage of the instant hospital are aimed at providing medical information as an explanation of the method of practice and treatment effect using Maomomom, and its content is also based on the advertisement book distributed in the medical device manufacturing.

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