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(영문) 서울동부지방법원 2014.03.28 2014고정397

의료법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who intends to run a public health business in violation of the Public Health Control Act shall report to the competent authority, and a person who has not obtained a beauty artist's license shall not engage in beauty business;

Nevertheless, the Defendant, without a beauty artist’s license, filed a report with the competent authority on December 2, 2012 to November 14, 2013, with the trade name of Gangdong-gu Seoul Metropolitan Government Btel 1013 and “C,” and operated a public health business by providing equipment such as 2 cosmetic 1013 square meters and 29.5 square meters, various kinds of NAs, and the increase of the number of stories used in the reflected cream, etc., to many unspecified customers, and operating a public health business by raising the monthly income of KRW 1 million.

2. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

On September 3, 2013, at the same place as paragraph (1) around September 3, 2013, the Defendant: (a) performed one-half-young eye surgery and performed non-licensed medical practice by taking anesthesia anesthesia on the eyebrow of D, a customer, and inserting the color to the skin using a medical device, which is a medical device.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and photographs of facilities inside the place of business;

1. Application of Acts and subordinate statutes to investigation reports (report on detection of medical practices in beauty art business establishments), investigation reports (verification of contents by Internet tables), investigation reports (medical opinions of a imposed society regarding marry treatments), investigation reports (verification of persons subject to anti-permanent practice);

1. Relevant provisions of the relevant Act on criminal facts, Articles 87 (1) 2, 27 (1) of the Medical Service Act for the selection of punishment (the occupation of medical practice without a license and the selection of fines), Articles 20 (1) 1, 3 (1) of the Public Health Control Act (the occupation of business not reported, the selection of fines), Articles 20 (3) 2 and 8 (1) of the Public Health Control Act (the occupation of non-licensed business);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Confiscation of the Criminal Act;