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(영문) 광주지방법원 2013.07.09 2013고단2297

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for a year and six months, and a fine of 3,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

In April 2012, the Defendant, even if he was not a doctor, performed a so-called “curine” surgery using a curbine injection device, and received in return a 600,000 won from the account in the name of E to the agricultural cooperative account in the name of E. In addition, the Defendant conducted a total of 29 times from the time until October 22, 2012, and received in return for a total of 2,150,000 won from the time to October 22, 2012, and carried out a medical practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of F, G, and H (including part I in the statement of H);

1. Written statements of J, K, L, M, N, andO;

1. Each postal service report on P, Q, D, R, S, T, U,V, W, and X;

1. Application of the Acts and subordinate statutes on financial transactions and account transactions in the Gwangju Bank;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Crimes, Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 of the Medical Service Act (Generally, Selection of Imprisonment and Concurrent Imposition of Fines);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse [decision of type] 03 illegal medical acts, which are committed on February 2, 190, the basic area of the business-free medical practice [decision of the recommended field] / [decision of the recommended field] 1 year and 6 months to 3 years [decision of the sentence] / the defendant acquired profits by means of illegal writing operation for a prolonged period of six months, the defendant's illegal medical act committed by the defendant has a large risk and side effect on the person who actually was administered. In particular, the defendant was under trial for the same kind of crime, and the defendant continued to stop the crime while he was sentenced to a suspended sentence of imprisonment at that trial.