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(영문) 제주지방법원 2016.05.11 2016고단230 (1)

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of 3,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a doctor, shall engage in medical practice for profit-making purposes.

The Defendant is a person who is not a doctor, and the Defendant paid 20% of the price for materials, equipment, expenses, etc. to B in the “D” (hereinafter “instant office”) located on the 3th floor of the Jeju-do Office (hereinafter “instant office”).

At around January 2, 2015, the Defendant, at the instant office around January 2, 2015, received 100,000 won from the chest and arms of a person without a name, who was found as a customer, and received as a price, as well as from around that time to October 14, 2015, the Defendant engaged in medical practice for profit-making purposes by providing other persons with correspondence at least 89 times, such as the daily list of crimes (A).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. A report on internal investigation (in the event of site and other relevant photographs), report on internal investigation (in the event of attaching documents and photographs), each photographic description, investigation report (in the case of confirmation of seized articles books), investigation report (in the case of attaching photographs of grams stored on a suspect mobile phone), investigation report (in the case of attaching photographs of grams stored on a suspect mobile phone

1. Application of Acts and subordinate statutes governing the place of sale;

1. Relevant Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act, choice of organic imprisonment, and the concurrent imposition of fines for a crime;

1. Articles 53 and 55 (1) 3 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) of the Criminal Act on the suspended execution;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order are as follows: The scope of sentencing guidelines on the reasons for sentencing [the scope of sentencing [the group of food health crimes, the illegal medical acts, the two types (the business non-licensed medical acts), the basic area, the imprisonment from June 1 to 3 years], and the following circumstances, which are favorable for the determination of sentence as ordered: The fact of crime is recognized and against the defendant.