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(영문) 수원지방법원 안산지원 2017.08.11 2017고단1325
의료법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who administers a side or a successful bid in the dwelling of the defendant C or 204 in Si interest.

1. No person other than a medical person violating the Medical Service Act shall perform medical practice, and no medical person shall perform any medical practice other than that licensed;

그럼에도 불구하고 피고인은 의사나 한의사가 아님에도 SNS 메신저 ‘ 위 챗 (Wechet) ’에 경추와 발을 치료한다는 광고를 하고, 2016. 10. 14. 20:10 경 위 광고를 보고 피고인의 주거지로 찾아온 D의 허리 부위에 부 항 시술을 하고, 그의 양 발바닥에 수건을 덮고 알코올을 뿌린 다음 불을 붙여 찜질하는 방법으로 소위 ‘ 화주 경락’ 시술을 하였다.

2. The Defendant, who was injured by occupational or practical injury, had the victim D (D, 38 years old) undergo an auction procedure at the time and place described in paragraph 1 as above.

As such, there is a risk of imageing on the patient, the defendant had a duty of care to properly regulate the quantity of alcohol and prevent the victim from locating his/her image in advance by properly examining the condition of the victim.

Nevertheless, the Defendant, without obtaining a medical license, did not have necessary facilities without being equipped with professional knowledge or experience, and did so, the Defendant, by negligence in the course of business, suffered three degrees of images that need approximately eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Medical certificates and investigation reports (attached to medical records);

1. A report on investigation (attaching a certificate);

1. A criminal investigation report (to attach photographs of suspects and manuals);

1. The application of Acts and subordinate statutes on advice and replies to Korean Medical Association;

1. Relevant legal provisions for facts constituting an offense, Article 87(1)2, Article 27(1) of the Medical Service Act (unlicensed medical practice, choice of imprisonment), Article 268 of the Criminal Act (the occupation of occupational and dental practice, and choice of imprisonment without prison labor);

1. The aggravated Criminal Act for concurrent crimes.

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