보건범죄단속에관한특별조치법위반(부정의료업자)
A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.
When the defendant does not pay the above fine.
Punishment of the crime
No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.
Although the Defendant did not have a medical license, on March 2014, the Defendant provided F 301 and G ( South, 46 years old) located in Yeongdeungpo-gu Seoul Metropolitan Government E with “to conduct a pencing operation,” and conducted a single-use injection device for anesthesia on the face of G, and received KRW 700,000,000 from G for 10 times in total, such as the list of crimes in the attached list of crimes, from March 2014 to August 2014.
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. A protocol concerning the suspect examination of the accused by the prosecution;
1. Application of the respective legal statements of witnesses G, H and I to the law applicable;
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 (the selection of a term imprisonment and the necessary concurrent imposition of fines) concerning facts constituting an offense;
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 on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] In the mitigated area (one year to two years and six months) of the mitigated area (a business-free medical practice) [Special mitigated person] medical practice itself is objectively less dangerous (a judgment of sentence]; the content of the crime in the judgment; the defendant divided the defendant's wrong facts; the defendant did not have the same criminal records; the defendant's age, criminal records, sexual behaviors; the defendant's age; the circumstances after the crime; and all the conditions of the sentencing mentioned in the records of this case and the theory of changes; and the sentence against the defendant is ordered as ordered.