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(영문) 서울중앙지방법원 2014.02.13 2013고정5744
의료법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person, other than a medical person, shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

The Defendant appears to have “ August 21, 2013.” written indictment on August 22, 2013. As such, the Defendant ex officio corrected it. From around 11:00 to around 11:0, the Defendant performed non-licensed medical practice by unlicensed eight members, such as F, in the E organization volunteer room in Jongno-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (to hear F’s husband G telephone statement);

1. Application of Acts and subordinate statutes to report on investigation (Listening to telephone statements by control police officers);

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 (in cases of conversion of KRW 50,000 per day) of the Criminal Act into a workhouse;

1. Determination as to the Defendant and defense counsel’s assertion under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr

1. The Defendant asserts that the provision on the grounds of the instant punishment (Article 87(1)2 and Article 27(1) of the Medical Service Act) violates the constitutional clarity principle, the principle of excessive prohibition, etc., and thus, is unconstitutional.

However, in full view of the legislative purpose of the Medical Service Act, various regulations on the mission of medical personnel, and Supreme Court precedents on the concept of medical practice, it is difficult to understand the concept of "medical practice" under Article 27 (1) of the Medical Service Act by a person with a sound general sense.

It is difficult to see that there is a risk of multi-level interpretation at the application stage by a judge, and it is not in violation of the principle of clarity of the principle of legality.

[Decision of the Constitutional Court en banc Decision 208Hun-Ga19, 2008Hun-Ba108, 2009Hun-Ba269, 736, 2010Hun-Ba38, 2010Hun-Ba275, etc. [see, e.g., Constitutional Court en banc Order 2008Hun-Ba108, Jul. 29, 2010] Furthermore, medical practice is the body of a person who is the basis of human dignity and value.

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