보건범죄단속에관한특별조치법위반(부정의료업자)
A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.
When the defendant does not pay the above fine.
Punishment of the crime
From March 2, 2017, the Defendant is a person who operates an beauty art business of the trade name, 'D' from around 2, 2017 to 201.
No person who is not a doctor shall engage in medical practice as a business for profit.
Nevertheless, on March 10, 2017, the Defendant, who was not a doctor, provided the treatment in 22 times in total and 2.10,000 won, from that time until July 21, 2017, by inserting the color room on the upper floor of female customers with no name-free female customers in the above D’s eye, by injecting the eyebrow on the upper floor. In addition, the Defendant received 120,000 won in return, from that time, until July 21, 2017.
Accordingly, the defendant was engaged in medical practice for profit-making purposes.
Summary of Evidence
1. Statement by the defendant in court;
1. A detailed statement of business registration, etc. and account transaction;
1. Application of investigation reports (fix a D Internet brops), investigation reports (Attachment of a sign after the use of the business in this case), investigation reports (the confirmation of a suspect-based sign) (applicable Acts and subordinate statutes to the investigation reports);
1. Relevant legal provisions concerning facts constituting an offense, 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, Article 27 (1) of the Medical Service Act, the selection of imprisonment, and both
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 of Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the grounds for sentencing of the sentence] / In the mitigated area (one year to two years) / (one year and six months) / (the special mitigated person] medical practice itself objectively pose a risk or treatment effect, or records, such as the following circumstances, business profit, business size, business period, Defendant’s age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc.