성폭력범죄의처벌등에관한특례법위반(장애인준강간)등
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
No person other than a medical person shall perform medical practice.
Nevertheless, around June 2014, the Defendant is living in Yong-Gun C with the Defendant and the victim D (Woo, 25 years of age, visual impairment 1 level) located in Yong-Gun C, Nam-gun around 2014, and the victim “I Ha Ha Ha Ha, I Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha,
수건만 잠깐 꽉 물고 있으면 된다 ”라고 말을 하고 바늘에 실을 감아서 먹물을 묻힌 다음 피해자의 몸에 자국을 내는 방법으로 피해자의 양팔에 “F” 등에 “G” 왼쪽 허벅지에 “ 사랑” 오른쪽 허벅지에 “ 스님” 이라는 문신을 새기고, 2014. 8. 경 나주시 H에 있는 ‘I’ 집에서 피해자에게 “ 칠성을 내려야 한다” 고 말하면서 피해자의 양팔에 향을 부러뜨려 올려놓고 불을 붙이는 방법으로 불 뜸을 떴다.
Accordingly, the defendant provided medical treatment even though he is not a medical person.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Partial statement of the witness D;
1. Application of Acts and subordinate statutes to investigation reports (the victim's door and its photographs attached thereto);
1. Article 87 (1) 2 of the Medical Service Act and Article 27 (1) of the same Act (Selection of a penalty) concerning facts constituting an offense;
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes against a violation of the Medical Service Act due to non-licensed medical practice on June 2014, heavier than the aggravated punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. The scope of punishment by law: Fines not exceeding 30 million won;
2. The sentencing guidelines are not applicable since the decision of sentencing was made. The crime of this case by fine of KRW 3 million was committed by the Defendant without a license even if the Defendant was not a medical personnel, but committed a medical act of cutting down the door and cutting down the poor. However, the Defendant recognized the crime.