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(영문) 수원지방법원 안양지원 2020.02.12 2019고단2404

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

From August 15, 2016, the Defendant operated the “D” located in the Guro-gu Seoul Metropolitan Government B Building C, and, around 11:00 on August 28, 2019, consulted the patient E with respect to her pains, the Defendant: (a) consulted the patient E on her pains; and (b) placed E on the bend for treatment installed in the above 1 unit; and (c) used her hand and blue her part with E, etc. to take care of and correct the bones of the bones with E, and received KRW 7,00,00 as medical treatment expenses.

Accordingly, the defendant, who is not a doctor, was engaged in medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A detailed statement of credit card settlement;

1. Application of Acts and subordinate statutes to photographic materials from business places;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Crimes, Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act, selection of limited imprisonment and punishment concurrently

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 62 (1) of the Criminal Act (with respect to imprisonment, repeated consideration of the favorable circumstances among the reasons for sentencing as follows);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years, a fine of 500,000 won to 5 million won;

2. As the sentencing criteria are not applicable to the fines of the scope of the recommended sentencing criteria, the sentencing criteria shall be applied only to the imprisonment.

[Determination of Punishment] Reduction element of Illegal Medical Practice in Type 2 (Business Unlicensed Practice without Permission): Where the medical practice itself objectively pose a risk or shows treatment effect (the scope of recommendation field, recommendation range), mitigation area, one year to two years and six months.

3. The following circumstances and the Defendant’s age, character and conduct, process of growth, environment, motive, means and result of the commission of the offence: