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(영문) 수원지방법원 성남지원 2017.04.14 2016고단4178

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendants shall be punished by imprisonment for one year and fine of 3,00,000 won.

The above fine shall not be paid by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a four-day shop owner, and the defendant B is a person in charge of the reflection of oral communication.

Although a person, other than a medical person, is prohibited from engaging in medical practice, and is prohibited from engaging in medical practice for profit-making purposes, Defendant A conspired to distribute profits to Defendant B by allowing Defendant B to take charge of medical treatment at the Gangnam-gu Seoul E and 106 “D” four-day shop on January 1, 2015.

On January 2, 2015, Defendants conspired with each other, at the above four-day four-day-end-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-of-state-use-use-use-of-state-use-use-use-use-use-of-state-use-use-use-use-use-use-of-state-use-use-use-of-state-state-of-state-state-use-use-use-use-of-state-state-use-of-state-state-state-use-of-state-state-state-use-of-state-state-use-of-state-state-of-state-state-of-state-state-state-of-state-state-state-of-state-state-state-of-state-state-of-state-state-of-state-state-

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Protocols of seizure;

1. Application of Acts and subordinate statutes to field photographs;

1. Relevant Article 5 subparagraph 1 of the Act on Special Measures for the Control of Health Crimes According to the relevant Act and the Selection of Punishment, Article 27 of the Medical Service Act, and Article 30 of the Criminal Act (a comprehensive imprisonment with prison labor is selected, and both penalties are imposed);

1. Reduction of a small amount of punishment under Articles 53, 55, and 55, Article 55, subparagraphs 3 and 6 of the Criminal Act (The following favorable circumstances):

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

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following favorable circumstances):

1. Defendant A: Article 48 of the Criminal Act.