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(영문) 춘천지방법원강릉지원 2020.08.13 2020고단341

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant

A Imprisonment of one year and six months and fine of 5,000,000 won, Defendant B’s imprisonment of one year and six months and fine of 1,00,000 won.

Reasons

Punishment of the crime

No person, other than a medical person, shall conduct medical practice, and no person, other than a medical doctor, shall conduct medical practice as his/her business.

Nevertheless, Defendant B solicited customers who are to undergo a substitute removal procedure with the knowledge that Defendant A was not a doctor, and Defendant A conspiredd to acquire the price by directly doing the procedure to the customers.

As above, in the case of D’s 2018 in which Defendants conspiredd as above, and received the oil removal procedure from around December 2018 to December 2018, the Defendants received four persons, as shown in the attached list of crimes, including: (a) the Defendants: (b) the Defendants conspired to conduct the oil removal procedure by inserting the solution of the Defendant A’s glass injection; (c) inserting the solution of the injection; and (d) inserting the face into the face of the Defendant A; and (d) the Defendants received KRW 1,700,000 as the cost of the operation by inserting the halog; and (e) the Defendants received KRW 4,00,000 from the time to December 2018 as shown in the attached list of crimes.

As a result, the Defendants conspired to conduct medical practice for profit-making purposes even though they were not doctors.

Summary of Evidence

1. Each legal statement of the defendant A and witness F;

1. Defendant A’s interrogation protocol G, H, I, J, and K of the police protocol of the prosecution, each protocol of seizure and list of seized articles, and the photograph of seized articles [Defendant A denies part of the crime to the effect that there is no fact that there was no criminal act in collusion with Defendant B (a call halog surgery itself) as stated in the facts charged, and Defendant B rejected the crime to the effect that there was no fact that there was no illegal medical act in collusion with Defendant A as described in the facts charged.

In the case of joint principal offenders who jointly process two or more persons and commit a crime, the conspiracy or conspiracy is not necessarily required to be made directly, explicitly, but may be made formally and implicitly, but in any case, it may be done in some crimes.