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(영문) 수원지방법원 성남지원 2012.08.30 2012고단636
의료법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

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

Around April 2008, the Defendant, even if not a medical person, administered a sptop management store in Sungnam-si, Sungnam-si, with the face of H (W, 40 years of age), the patient, on the face of the body and the sptop play, using an injection device on both sides of the knivers.

As above, the Defendant was not a medical person and performed medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the statement about H);

1. Statement of the police statement related H;

1. Application of Acts and subordinate statutes on bankbooks;

1. Article 87 (1) 2 of the Medical Service Act and Articles 27 (1) of the same Act concerning facts constituting an offense and Article 87 (1) of the same Act concerning the selection of a sentence;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act / [Pronouncement of sentence] The reason for sentencing under Article 62-2(1) of the Social Service Order / [Prohibition of Illegal Medical Practice] / [The scope of recommendation] basic area, 8 months of imprisonment [the general person in charge] / [the sentence of sentence] 8 months [the defendant's prior consent of the patient] / 8 months of imprisonment (the defendant reflects the crime in this case, the defendant is at fault in the course even if he is not a medical personnel, the defendant's gains obtained are written, and the degree of damage is not excessive, and the defendant's deposit for the victim is not excessive, etc.] [whether suspended sentence of execution of sentence of imprisonment is suspended] (It is assumed that there is no criminal record, reflects the victim's demand for excessive agreement, etc.; the victim's current degree of injury after the procedure does not appear to be the sole reason for the defendant's liability)

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