보건범죄단속에관한특별조치법위반(부정의료업자)
A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.
When the defendant does not pay the above fine.
Punishment of the crime
From November 11, 2013, the Defendant is operating a cosmetic retail business with the trade name “C” in Gunsan-si B from around November 2013, and is a person who is not a doctor.
No person, other than a medical doctor, shall engage in medical practice as a business.
Nevertheless, the defendant
1. From the above “C” around April 6, 2015 to D 15: (a) receive from D 150,000 won as the cost of surgery by filling fluoring fluorial with fluoral credit pents; (b) fluoring with eyebrows; and (c) fluoring with eyebrows;
2. Around May 4, 2015, from C to D in the same manner as that of the foregoing paragraph 1, receiving KRW 100,000 as the expenses for surgery while harming a person who is an infant in the same manner as that of the foregoing paragraph;
3. From around August 2015, “C” to D in the same manner as that of the foregoing paragraph (1) and received 220,000 won as the expenses for surgery.
As above, even if the Defendant was not a doctor, he/she was engaged in medical practice in a way that harms his/her life three times for profit.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements prepared in D;
1. Application of Acts and subordinate statutes to photographs of business concerns and tools of taking procedures;
1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant facts constituting a crime, Article 27 (1) of the Medical Service Act (Selection of a term imprisonment);
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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the grounds for sentencing under Article 334(1) of the Criminal Procedure Act / [the scope of recommendation] / In the mitigated area (one year to two years) (one year and six months) / In a case where the medical practice itself is objectively dangerous or has treatment effect (the decision of sentencing] within the scope of the recommended punishment, a suspended sentence of imprisonment with prison labor for one year and one million won shall be sentenced to two years.