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(영문) 부산지방법원 2015.01.08 2014고단8506

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment with prison labor for a year and six months, and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice.

At around 18:00 on April 15, 2014, the Defendant visited the above office from around 2.7 million won to around June 2014 on the condition that he received a request from D to 3.7 million won, the Defendant performed a procedure to extract four sons of D using a medical device, such as an abscopic tool, mane weak, path-math-math-math-math-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-path-

Although the Defendant was not a medical person, the Defendant performed medical practice for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to police statements made to D and E;

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 of the Act on Special Measures for the Selective Punishment, Article 27 (1) of the Medical Service Act, and limited imprisonment (Concurrent Imposition of Fines);

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. The reasons for sentencing under Article 62(1) of the Criminal Act ( considered as favorable sentencing reasons) [the scope of recommending sentence] of the suspended sentence for reasons that there is no basic area (1 year and six months to three years) (1 year and six years) (1 year and six months) (1 year and fine 5 million won) (1 year and six months) (1 year and six months, and 3 years of the suspended sentence for imprisonment (3 years of the suspended sentence) or more (3 years of the suspended sentence (3 years (3 years of the suspended sentence) (3 years of the suspended sentence). However, there are unfavorable reasons for sentencing, such as the fact that there is no prior consent of the person under procedure, reflectness, and health of the person under procedure).