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(영문) 춘천지방법원 속초지원 2016.11.23 2016고단296

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person who is not a doctor shall engage in medical practice as a business for profit.

Nevertheless, around April 201, the Defendant provided D Apartment 106 1303 and 1303, the Defendant, the Defendant’s residence of the Defendant, with tools such as meclock sclocks, door sclocks, anesthesia forests, and chlographing drugs, and received 100,000 won from around May 20, 201 as shown in the attached Table of Criminal Day until around 2016, for medical practice using the above tool to reflect meclocks inflocks inflocksclocks, and to receive 28,130,000 won in terms of expenses for medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 1 of the Act on Special Measures for the Selective Punishment, Article 27 of the Medical Service Act, selection of limited imprisonment, and concurrent imposition

1. Article 53 and Article 55 (1) 3 and 6 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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order / [the scope of recommending punishment] / Illegal medical acts, Type 2 (Business Unlicensed Medical Practice), mitigated area (one to two years and six months) / [Special Mitigation / Where the medical act itself is objectively dangerous or treatment effect (the decision of sentencing / [the decision of sentencing] / The defendant is the primary offender, and the defendant is in profoundly against his or her mistake, and the defendant's age, character and behavior, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the records of the instant case, such as the circumstances after the crime, shall be determined as ordered.