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(영문) 인천지방법원 2020.10.23 2020노1201
의료기사등에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The phrase “the act of removing a provisional attachment” performed by the assistant nurse D in the summary of the grounds for appeal is the “the act of removing a attached object” under the Medical Technicians, etc. Act and the Enforcement Decree of the same Act.

Nevertheless, the court below rendered a not-guilty verdict on the charges of this case on different premise. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. In light of the records, we examine the evidence of this case in detail, and examine the following facts or circumstances acknowledged by the court below and the court below's duly adopted and investigated evidence, that is, assistant nurse D did not directly fix the infant or remove the son attached to the infant, but merely remove the outflow outside the infant in the course of fixing the steel products, and it is hard to see that the removal of the temporary arrival is closely related to the infant and the oral health of the infant and the mouth. In addition, the court below's decision that "the removal of the temporary arrival" of the facts charged of this case does not constitute the unique duties of the dental sanitarian, and it is just that the court below found the defendant not guilty of the facts charged of this case, and there is no error of law of misunderstanding facts as argued by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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