beta
(영문) 창원지방법원 마산지원 2018.05.18 2018고단357

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

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

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a physical correction center in the name of "D" in Changwon-si, Masan-si, Masan-si, 137 dong 212.

From January 2015 to November 2016, the Defendant, despite being not a doctor, was placed on the bend to a large number of unspecified customers, such as E, who are equipped with two beds for treating the above center and complaining of blurgical pains, etc., and performed a medical act of correcting the bones or strekes by taking care of the body of the above customers in his/her hand or by taking care of 1,50,000 won per six months from the above customers, and received KRW 25,50,000 from the above customers, such as receiving KRW 1,50,000 from the above customers.

Accordingly, the defendant was engaged in medical practice for profit-making purposes even though he was not a doctor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each report on investigation;

1. Application of the written accusation and written statements to statutes;

1. Relevant 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 (joint imposition of imprisonment with labor for a period of time, and fines);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

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

1. Article 62 (1) of the Criminal Act (limited to imprisonment with prison labor);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Reference to the sentencing criteria [Scope of Recommendation] Type 2 (Business Unlicensed Medical Practice) for Illegal Medical Practice: Basic area (one year and six months from June to three years);

2. The fact that there is a risk that many victims' health and public health may be infringed due to the decision-free medical practice without a license is disadvantageous to the defendant, and the fact that there is a need to strictly punish the sentence is unfavorable to the defendant, the fact that the defendant recognizes and reflects the crime, and that there is no record of being punished for the

In addition, the details and contents of the instant case, the period of crime, and crime.