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(영문) 서울중앙지방법원 2012.11.15 2012고단5313

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On June 7, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Personnel) at the Seoul Central District Court on the 1st and June of the same month, and the judgment became final and conclusive on the 15th of the same month.

【Criminal Facts】

No person other than medical personnel shall perform medical practice for profit.

Nevertheless, on April 201, 201, the Defendant, without a doctor, administered ices using a disposable injection device on the part of the gyeast and snow tag of Seocho-gu Seoul, Seocho-gu, Seoul (Seoul), and received KRW 130,000,000 in consideration of the medication using a disposable injection device on the face part of the gyle of the gyle, and received KRW 150,000 in consideration of the medication using a disposable injection device on the part of the gyle part of the gyle of the gyle that found the gye, and received KRW 150,000 in consideration of the medication. On November 1, 2011, the Defendant administered the gyle solution (e.g., g., g., g., g., g., g., g., g., g., g., g., the g., once.

In this respect, the defendant did medical practice for profit even though he was not a doctor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, D, and F;

1. Seizure records;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

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

1. Reduction of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the punishment of imprisonment shall be mitigated in consideration of the frequency, scale, etc. of unlawful medical acts);

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

1. In light of the fact that the defendant, at a relatively close time, was guilty of the same kind of crime under Article 48(1)1 of the Criminal Act, and even if he had committed the crime of this case at a relatively near time, it is reasonable to impose severe punishment on the defendant, and thus, it is so ordered as per Disposition.