보건범죄단속에관한특별조치법위반(부정의료업자)
Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three million won.
The defendant does not pay the above fine.
Punishment of the crime
No person other than a medical person shall perform medical practice.
Nevertheless, around May 31, 2013, the Defendant operated the aforementioned “E” from January 31, 2013 to the date on which F received 250,000 won in return, while operating the said “E” from around January 31, 2013 to the date on the right part of F’s right part of the instant design in a way that it connects to the electric stringer to the stringer by asking the F’s skin to the upper part according to the form of the said design. In doing so, the Defendant: (a) operated the said “E” from around January 31, 2013 to the date on which F received 250,000 won in return, and (b) operated the said design to many and unspecified persons who find out the plan.
Accordingly, the defendant was engaged in medical practice for profit-making purposes even though he was not a doctor.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Police seizure records;
1. Application of Acts and subordinate statutes to field photographs and investigation reports (report on the results of the E Internet search);
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 with prison labor);
1. Article 53 and Article 55 (1) 3 and 6 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. Probation and community service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) of the Criminal Act of confiscation;
1. Taking into account all the factors of sentencing, such as the attitude and risk degree of unlicensed medical practice performed by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the period and frequency of the crime, previous convictions (one suspended sentence, one time a fine), and family relationship of the defendant;