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(영문) 의정부지방법원 2014.04.16 2013고단3876

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of two thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Even if the Defendant was not a medical person, the Defendant 200,000 won was performed in a way of injecting Stockholm drugs using an injection device on the base of the guest E, which was found to be located at the Dlive E E department of the Dlive part of the Dlive part of the Defendant’s operation of the approximately 15:0 on July 2012, the middle and the 15:0,000,000 won.

Accordingly, even if the defendant is not a medical person, the defendant was engaged in medical practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes on scene of crime;

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. Punishment under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order [decision of types] The reason for sentencing under Article 334(1) of the Act on the Aggravated Punishment of Illegal Medical Acts [decision of the recommended field] basic area / [the scope of recommendations] one year and six months to three years / [the scope of recommendations] / one year and six years [the general prison] - reflective factors for mitigation: double repeated crimes on the patient side - the same criminal record (less than 10 years after the completion of enforcement] / 30 years from 2 to 30 years [the range of sentences] of the same criminal record (less than 10 years after the completion of enforcement] - Whether or not the victim's punishment is suspended : One year and six months on the victim's side; three years of suspended sentence; fine 2 million won on April 14, 201; Defendant was sentenced to imprisonment with prison labor for the same crime; Defendant's life and body during suspended execution; Defendant committed the same crime.