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(영문) 울산지방법원 2018.08.31 2018고단453

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

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

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant, even if not an oriental medical doctor, up to October 27, 2017, in Ulsan-gu C, and D 208, injected a gold with a view to treating E face diameter, and received 200,000 won by inserting it to E face so that he/she can be treated, and received her face, etc., from November 22, 2017, he/she provided five patients who found the Defendant with an injection, gold with a view to keeping a spawn or bed, with a view to making profits, and with a view to keeping the Defendant, he/she was provided with a sum of 2 million won by a person who is not an oriental medical doctor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of F and G;

1. The investigation report (the sequence 11 of the evidence list);

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant facts constituting a crime, Article 27 (1) of the Medical Service Act (in addition, imprisonment with prison labor for a limited term and the concurrent imposition of fines);

1. Article 53, Article 55(1)3, and Article 6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

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

1. Article 62 (1) of the Criminal Act (with respect to imprisonment, repeated consideration shall be made in favor of the above defendant);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of punishment according to the sentencing guidelines] The mitigated area of Type 2 (Business Unlicensed Practice) (1 to 2 years) (the Special mitigated area: the medical practice itself objectively poses a risk or results in treatment (the decision of sentence] The instant crime is limited to one-way medical practice for patients, other than a herb doctor, who found the Defendant himself/herself and received compensation, such as giving medical treatment, and receiving compensation.