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(영문) 춘천지방법원 영월지원 2018.10.16 2018고단316

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around 12:40 on June 12, 2018, the Defendant engaged in cosmetic retail business with the trade name “C” under subparagraph 202 of the same Article, and received 30,000 won from D in return for the Defendant’s operation of cosmetic surgery on the part of the skin of D (n, 60 years of age)’s eyebrow in the part of the skin of D (n, 60 years of age)’s eyebrow.

The Defendant, including this, from March 4, 2018 to July 17, 2018, received 18,920,000 won in total from around 235 to around 250 persons, as indicated in the list of crimes committed in the attached list of crimes, in return for explaining the above methods on the eye, the infant, and the entrance, and received a delivery of approximately 18,920,000 won in return.

Accordingly, the defendant was not a doctor but a medical practice for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of report on internal investigation (a copy of report on separate case) and a copy of report made by a witness for thief;

1. Reports on internal investigation (Attachment of photographs of parts of the procedure), and photographs of parts of the DNA procedure;

1. On-site reports (on-site verification and attachment of photographs), and field photographs;

1. Details of investigation reports (verification of whether a business operator is registered) and business registration;

1. Protocols of seizure, list of seizure and photographs of seized articles;

1. On-site photographs at the time of seizure;

1. A report of investigation (with respect to the calculation of profit per father) and a list of crimes;

1. Application of Acts and subordinate statutes to the investigation report (Correction of sight table);

1. Relevant 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, and Article 27 (1) of the Medical Service Act, choice of imprisonment for a limited term, and the concurrent imposition of fines under Acts;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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, which recognizes and reflects the instant crime, and the risk of the Defendant’s medical practice itself.