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(영문) 수원지방법원 2015.12.21 2015고단5129

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than medical personnel, shall engage in medical practice for profit-making purposes.

Around February 9, 2015 without a doctor's license, the Defendant: (a) around February 2015, at the home of customers under the name of 301 Osan-si Crow 301; (b) provided with eyebrow dysing electrical appliances; (c) provided with medicines; (d) anesthesia drugs to four customers under the name of the household; and (e) anesthesia anesthesia dykeing anesthesia; and (e) provided eye dyke dyke dyke dyke dyke dyke dyke dyke dys, and (e) provided the so-called "fyke dyke dyke dyke dyke dys" in the same manner at the same place; and (e) received 70,000 won per head from around 201 to around 70,000 won as a consideration for the surgery by the above method against the average customer.

Accordingly, the defendant was not a doctor but a medical practice for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of the Kakao Stockholm statutes

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, choice of limited imprisonment, and concurrent imposition of fines;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] The mitigated area (1 to 2 years and 6 months) (1 to 1) of the mitigated area (1 to 2 years) of the medical practice (special mitigation) [the decision of sentence] in a case where the medical practice itself is objectively small to pose an objective risk [the decision of sentence] the circumstance, contents and degree of risk of the defendant's non-licensed medical practice, the period and scale of the defendant's unauthorized medical practice, the defendant'