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(영문) 서울중앙지방법원 2013.11.28 2013고단6776

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendants shall be punished by imprisonment for two years and by a fine of three thousand won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice.

Defendant

A and Defendant B, even though they are not medical personnel, have been doing so from January 2013 to 418 of the Gangnam-gu Seoul Metropolitan Government Dtel 418, and have been doing so against many customers.

On March 2013, 2013, the Defendants received KRW 1050,00 from E who has been engaged in the eyebrow and cream surgery with the expenses of the surgery, and used the following procedure equipment to put the cream to the e-mail and the cream, using the surgery equipment to put the e-mail and the cream to the e-mail and the e-mail, using the e-mail and the e-mail shape to put the e-mail into the e-mail, and then perform the eyebrow by using the procedure equipment on the e-mail and using the e-mail procedure to put the e-mail into the e-mail.

As such, even if the Defendants were not medical personnel, they were engaged in medical practice for profit by performing sexual surgery against E, F, G, and H without a license from January 2013 to March 2013.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. The police statement of E and I;

1. Police seizure records;

1. Application of each police investigation report, each photograph, and the Acts and subordinate statutes governing appraisal and inquiry;

1. Selection of a limited term of imprisonment, including Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act, Article 30 and Article 30 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act ( normal consideration, such as reflectivity, recovery of damage to the victim, and failure to repeat a crime) is suspended;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.