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(영문) 울산지방법원 2012.11.15 2012고단2864

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On November 19, 2010, the Defendant was sentenced to a suspended sentence of two years and a fine of one million won for a year in imprisonment with labor for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operators) at the Ulsan District Court on November 19, 201, and the said judgment became final and conclusive on February 19, 201 and is still under the grace

【Criminal Facts】

No person, other than a medical person, shall engage in medical practice, and no medical person shall engage in any medical practice other than those licensed, and no person, other than a medical doctor, shall engage in medical practice for profit-making purposes.

The defendant, not a doctor, had a prefabricated-type office with approximately six square meters of 6th floor 603, Ulsan-gu C building 603, and had equipment such as simple beds, electric equipment for literacy operations, excessive cream, medicine, etc., for the purpose of making profits, and had a mind that he will perform medical practice by way of crypting against many and unspecified persons.

Around May 201, the Defendant carried out medical practice with D (year 16) who found a place in the above office, using an apparatus prepared as above, in a manner of receiving KRW 300,000 in return, from around that time to July 30, 2012, for an unspecified customer who found the place in the above office, to receive KRW 20,300,000 for each customer's body and received KRW 20,000 for each customer's body and received KRW 20,000 for each customer's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. A written statement concerning the F;

1. A list of seizure and a protocol of seizure;

1. Each literary photograph;

1. Previous records: Application of inquiries, such as criminal records, and criminal records, and Acts and subordinate statutes;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Specific Crimes and Public Health Crimes; Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. The Criminal Act for the detention of a workhouse;