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(영문) 의정부지방법원 2016.02.16 2015고단3538

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall engage in medical practice as a business.

Nevertheless, even if the Defendant is not a medical person, he/she received KRW 50,00 from E within the Hague shop operated by the Defendant in Gurisi-si on June 2, 2015, and agreed to receive KRW 50,000 from E, and performed anesthesia surgery and performed anesthesia surgery on the eyebrow part of E, while he/she performed anesthesia surgery on the eyebrow part of E, and performed anesthesia surgery in a way that he/she added anesthesia to the skin part of the anesthesia surgery, and performed anesthesia surgery from January 2, 2014 to June 2, 2015, with the aim of engaging in profit-making practice by receiving KRW 50,00 per person from approximately 120 persons, including the above E, F, G, H, I, and J.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. A report on internal investigation (the case of attaching photographs to the scene of occurrence);

1. The application of Acts and subordinate statutes to investigation reports (as to persons who have undergone door-to-door treatments from the person under question);

1. Relevant Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (joint imposition of imprisonment with labor for a period of time, and fines);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62(1) and (2) of the Criminal Act on the suspension of execution (with respect to imprisonment);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: A favorable circumstance where the nature of the crime is not less than 120 persons for about one year and five months for profit-making purposes, such as conducting a eyebrow surgery for about one year and five months, etc.; the degree of infringement on the body is relatively low; the victim provided prior written permission by the victim even though he/she was aware that he/she did not obtain a doctor's license; and the defendant obtained profit from the crime of this case.