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(영문) 수원지방법원 평택지원 2014.06.26 2014고단466 (1)

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Despite the fact that a person, other than a medical person, is unable to perform medical practice, the Defendant received KRW 500,00 from around December 201 to June 2012, 201, from C (19 years of age) who was found in C (19 years of age) with the introduction of a branch person around December 2011 and received KRW 500,00 from C (19 years of age) to put the “over” picture into C’s arms by using excessive, rain, cream, etc., and received KRW 330,00 to D (17 years of age) and received KRW 40,000 to E and received KRW 40,00 from around April 2012, and received KRW 30,000 to 30,000,000,000 from 20,000 to 3.61,000,000 won, and did not receive from Da (17,2012.68,00).

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of C, F, G, and D;

1. Application of each text photograph (C, F, G, D) statute;

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes and Article 5 subparagraph 1 of the Act on Special Measures for the Selection of Imprisonment with prison labor and Concurrent Imposition of Fines for Crimes;

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

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) of the provisional payment order is likely to cause side effects, such as blood transfusion, spawnitis, and secondary chronitis.

Therefore, if medical personnel are not performed, it constitutes medical practice due to acts likely to cause harm to public health and sanitation.

(see, e.g., Supreme Court Decision 2004Do4755, Dec. 24, 2004). Also, in order to recover from its original state, the color remains permanently, the operation must be performed.

Because of these circumstances, the defendant who carried out literacy operations on a commercial basis.