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(영문) 대구지방법원 포항지원 2014.10.30 2014고단785

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and a fine of two million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Although the Defendant is not a doctor, on February 17, 201, the Defendant received KRW 50,00 from C at an insular site and received 50,000 from C, and provided her eyebrow door with a door-to-door equipment, and the prosecutor stated in the attached Table Nos. 1-24, 26, 28-40, and 43-55, applied for amendments to the indictment to the effect that the prosecutor withdraws the parts stated in the attached Table Nos. 25, 27, 41, and 42 from among the facts charged in the instant case, and this Court permitted this.

As such, through 55 times in total, she was engaged in medical practice with eyebrow or inception surgery, rasher surgery, eyebrow removal, one-time injection device inception by injecting halogen, and as a result, with 2,0830,000 won in total as a result, she was engaged in medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Police seizure records;

1. Application of Acts and subordinate statutes on detailed statement of transactions in each account (74,84 pages) and details of financial transactions (137 pages);

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Illegal Crimes; Article 27 (1) of the Medical Service Act;

1. Selection of punishment, limited imprisonment, and fine concurrently;

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

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

1. Article 62 (1) of the Criminal Act;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment (limited to imprisonment);

1. The scope of applicable sentences by law: Imprisonment for not less than one year, but not more than 15 years;

2. The range of recommendations on the sentencing criteria - the group of food and health crimes, illegal medical acts, the basic area of Type II (no person specially punished), the basic area of imprisonment for one year and six months (no person specially punished), - the year and six months - the year of suspension of execution - the reasons for negative consideration of the period of suspension of execution - the cases where the amount of profit from a crime is at least 20 million won: there is no record of criminal punishment.