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(영문) 대구지방법원 2013.11.06 2013고정1085
의료법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice.

On February 2, 2011, the Defendant, even though not a medical personnel, removed that the Dcafeteria located in Daegu-gu, Daegu-gu, is in the face of the terroman E using an influorous medicine, and performed medical practice.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, E, and G;

1. Each prosecutor's protocol of examination of the accused and H (including the F and E part of the statement);

1. The prosecutor's statement concerning the F;

1. Application of the respective laws and regulations on police statements of F, E, I, J, K, L, G, and M;

1. Relevant Article of the Act on Criminal Facts and Articles 87 (1) 2 and 27 (1) of the Medical Service Act for the Selection of Punishment;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant and his defense counsel asserted that the procedure of removing points stated in the facts charged was conducted by H, and the defendant did not participate in the procedure at all.

2. The witness E consistently indicates, from the investigative agency to this court, that “I am stamped. stamped” means “I am on the face of the Defendant,” and stated that the Defendant committed an act to deduct the Defendant, and ordered KRW 50,000 to the Defendant.” The witness F’s statement at the time is also the same as above.

On the other hand, the Defendant removed H from the investigative agency to this court’s point of view, and did not participate in H’s statement.

그러나 앞서 든 각 증거에 의하면, ① 피고인은 수사기관에서는 피고인이 공소사실 기재 장소인 D식당에 잠시 일을 도와주러 간 적은 있으나 H이 점을 빼는 장면을 보지도 못했다고 하다가(수사기록 181쪽) 이 법정에 이르러 위 식당의 주방에서 설거지를 마치고 식당홀로 나오니까 E의 얼굴에 뻘겋게 발라져 있는 것을 보고 점을 빼는...

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