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(영문) 서울중앙지방법원 2014.04.24 2013고단7472

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in violation of the Medical Service Act (non-licensed medical practice) is a person operating beauty and beauty business in the name of “F” in Seoul Jung-gu, Seoul. Despite the fact that the Defendant is not a medical person from October 2012 to November 11, 2013, the Defendant provided with the treatment gate and medicine used for strawing in the given establishment, and provided them with the above treatment strawing, and provided them with an average of approximately one customer per day by injecting the color stuff on the place of the treatment with the above treatment strawing, and received compensation of KRW 200,000,000 per day for the eyebrow surgery and KRW 20,000 per day.

As a result, the defendant was not a medical person but a medical person to perform the treatment for reflection of the medical person.

2. No person, other than a medical corporation, medical institution, or medical person, who violates the Medical Service Act (Prohibition of Medical Service Advertisement), shall advertise concerning medical treatment;

Nevertheless, the Defendant, who was not a medical personnel, paid 3 million won to the Internet Advertising Corporation (G) from June 20, 2013 to August 7, 2013, and advertised the medical treatment by inserting the pictures of the form of the operation of eyebrows and the optoon cremation on the website.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Partial statement of H in the police statement;

1. Application of Acts and subordinate statutes to an investigation report (the contents of an advertisement on the G site, post-user, and details of reservation);

1. Article 87 (1) 2, Article 27 (1), Article 89, and Article 56 (1) of the Medical Service Act related to the relevant criminal facts (or selection of fines for negligence);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reflection of the defendant's argument on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act in the provisional payment order had been flicked using a live tool in the form of lives (clives) in which the lives of the skin were blicked.