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(영문) 서울중앙지방법원 2020.10.29 2020고단4227

보건범죄단속에관한특별조치법위반(부정의료업자)

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Defendant shall be punished by imprisonment with prison labor for a year and by a fine of KRW 1,000,000 (per million).

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person running “C” from November 2019 to patients, such as hepatitis B and 3, in Dongjak-gu Seoul Metropolitan Government.

No person shall provide medical services for profit-making purposes.

Nevertheless, the Defendant, on April 24, 2020, did not have a medical practitioner qualification, stated the phrase “prehion or correction center” in the signboard, and the phrase “prehion or correction center,” respectively, and the phrase “prehion or paralysis” in the above place, equipped with two facilities, such as beds, tables, yellow dust, and bed, and consulted with the customers who claimed for a ticket, and recommended two times a week to treat them. On the other hand, the Defendant, under the pretext of relaxing pain, placed the above D on the part of the bed from the bed unit installed within the above correction center, puts the open part on hand and received KRW 50,00 won under the pretext of medical treatment.

In addition, the Defendant rendered the above medical practice to unspecified customers from November 2019 to April 24, 2020.

Accordingly, the defendant was engaged in medical practice for profit-making purposes although he was not qualified as medical personnel.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of the written accusation, written statement, field photograph, business registration certificate, and statutes;

1. Article 5 of the Act on Special Measures for the Control of Public Health Crimes; Article 27 (1) of the Medical Service Act concerning facts constituting an offense;

1. Articles 53 and 55 (1) 3 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.