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(영문) 청주지방법원 제천지원 2014.08.21 2014고단248

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

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.

Reasons

Punishment of the crime

The defendant is not a medical person.

No person who is not a medical person, shall engage in medical practice for profit.

Nevertheless, from January 15, 2012 to January 10, 2014, the Defendant: (a) within the “D” store operated by the Defendant on the second floor of the 2nd floor of the 2nd floor of the Dacheon-si building; (b) 100,000 won in cases where he/she received both types of procedures; (c) received 250,000 won in cases where he/she received both types of procedures; and (d) received eyebrow or her part from the customer E, etc. who visited the relevant place; and (d) received her eyebrow or her part of the anesthesia in a manner of making color for the anesthesia part of the anesthesia; and (e) received both kinds of procedures at the expense of average 4 months in cases where he/she received her part of the procedure.

Accordingly, the defendant was engaged in medical practice for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs, books, secondary analysis of books, and telephone answers;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment or Imprisonment with prison labor);

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. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the act of irregular medical treatment (the scope of recommendation] are as follows: (a) the basic area (1 year and six months to three years) (no person in special form] [a person in special form] [a person in special form] [a person in a sentence] has no criminal power for the defendant, and (b) the defendant has not committed a second offense in reflect, and