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(영문) 대전지방법원 2015.04.09 2015고단227

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment for a term of two years and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Any person who is not a doctor shall not engage in medical practice as a business, or any person who is not a herb doctor shall not engage in herb medical practice as a business.

On October 2007, the Defendant leased a skin management room in the name of C and C, “D,” and conspiredd to engage in non-licensed medical acts and oriental medical acts by using call injection operations, etc. < Amended by Presidential Decree No. 20100, Oct. 1, 2007; Presidential Decree No. 20130, Oct. 2, 2007>

On December 15, 2007, the Defendant: (a) up to December 15, 2007, the Defendant: (b) up to December 15, 2007, she provided stampers, secondary navigation equipment, sprinkers, external investigation equipment; (c) provided stampers, rackers, rackers, injection equipment, etc.; and (d) injected strawen body on the eye, strawer, and strawer; (b) provided 1.4 million won for the removal of eyebrow; and (c) provided f and G with non-licensed medical treatment or oriental medical treatment for customers, such as F and G, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of C by the prosecution (including F and G substitute part);

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 5 of the Act on Special Measures for the Control of Public Health Crimes (Amended by Act No. 10579, Apr. 12, 2011); Article 27 of the Medical Service Act; Article 30 of the Criminal Act (Joint Imposition of Imprisonment and Fines)

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

1. Article 62 (1) of the Criminal Act;

1. Considerations that there is no record of criminal punishment at least once (2007) at the time of the suspension of the same kind of punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, considering the following factors: equity in the punishment of accomplices and penalties, motive and circumstance leading to the commission of the crime, family relation, etc. of the defendant;