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(영문) 수원지방법원 2013.04.10 2012고단6416

보건범죄단속에관한특별조치법위반(부정의료업자)등

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Defendant shall be punished by imprisonment for a year and six months and by a fine of KRW 1,000,00.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who, without a medical license, performs the operation of a reflected cremation in Suwon-si C Building No. 1304 (D) in Suwon-si.

1. No person, other than medical persons, shall perform medical practice in violation of the Act on Special Measures for the Control of Public Health Crimes;

Although the Defendant was not a medical person from April 2010 to December 11, 2012, the Defendant was engaged in non-licensed medical practice for profit-making purposes. From around April 2010 to December 11, 2012, the Defendant engaged in 20 minutes of liver treatment in a way of inserting eyebrow or part of a baby, even after snicking the eye at the end of test color with door-to-door machines, and inserting the knife with knife at the end of test color. The Defendant was engaged in non-licensed medical practice by receiving both 120,000 won and 130,000 won and 130,000 won and taking profits from business.

2. No person other than medical persons, etc. violating the Medical Service Act shall make an advertisement on medical treatment;

From April 2010 to October 25, 2012, the Defendant posted a description on the Internet homepage (D) of the treatment of strawing, a description of the treatment of strawing, and a description of the comparison and treatment before and after the surgery of strawing and hicking, on the Internet homepage (D) for the purpose of attracting many customers to D.

Accordingly, the Defendant, not medical personnel, advertised medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A E-document;

1. Police seizure records;

1. Application of Acts and subordinate statutes on the accusation, closure screen of a DNA homepage, request to investigate non-licensed medical practice, DNA domain name subsequent to inquiry, investigation report, investigation report, and on-site photographs;

1. Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (the points of non-licensed medical practice, the choice of limited imprisonment and the concurrent imposition of fines), and Articles 89 and 56 (1) of the Medical Service Act, inclusive, (the point of medical advertisement and the choice of imprisonment);

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