보건범죄단속에관한특별조치법위반(부정의료업자)
Defendant
A Imprisonment with prison labor of two years and fines of three thousand won, and Defendant B shall be punished by imprisonment with prison labor of one year and a fine of one thousand won.
Punishment of the crime
1. Although Defendant A did not obtain a medical license, at the “D” place of the Defendant’s operation in Jeju-si, on July 9, 2013, Defendant A administered a literature in a way of inserting nicotine in a way of inserting nicotine in the offline part of the E’s atmosphere by receiving KRW 280,00 from E who was found to be a customer at the same place, using the crypt, excessive, etc., and thereafter, Defendant A carried out medical practice with a total of 129 times as indicated in Appendix I (excluding No. 1 and No. 2 a year) from March 17, 2015 and carried out medical practice for profit.
2. The Defendant: (a) around January 19, 2014, without a medical license; (b) received KRW 150,000 from a customer who was unable to know the name having been found at the place of the “D” literacy treatment business as indicated in paragraph (1); and (c) carried out a literature practice by inserting the picture in the shape of “oil” into the arms of the said customer by using the crying, excessive, etc.; and (d) thereafter, (e) thereafter, carried out medical practice for profit-making purposes by doing dooring 17 times in total, as listed in Appendix II, from March 13, 2015.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to F, G, and H;
1. Each statement of I, J, K, L, M, N,O, P, and Q;
1. A report on investigation (specific circumstances for the crime);
1. Records of seizure and the list of seizure;
1. Return on the results of inquiries about the acquisition of licenses for health and medical services personnel;
1. A specification of transactions and a specification of transactions;
1. Application of Acts and subordinate statutes to each photograph (No. 14, 16, and 18) of evidence list;
1. Defendants: Article 5 of the Act on Special Measures for the Control of Public Health Crimes, including those who choose the applicable laws and punishment for crimes, and Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines);
1. Discretionary mitigation of Defendant B: Articles 53, 55(1)3 and 6 of the Criminal Act (the following extenuating circumstances among the reasons for sentencing);
1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act
1. Defendants on probation: Article 62(1) of the Criminal Act (Discretionary mitigation Grounds)