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(영문) 수원지방법원 안산지원 2017.07.20 2017고단1635

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

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

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

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

Despite the fact that the Defendant was not a doctor, at around March 6, 2016, the illegal door-to-face 1,30,000 won in the name-to-face 1,30,000 won in the name-to-face 1,40,000 won in the name-to-face 1,000 won in the name-to-face 1,30,000 won in the name-to-face 1,000 won in the name-to-face 1,00,000 won in the name-to-face 1,000 won in the name-to-face 1,00,000 won in the name-to-face 1,000 won in the name-to-face 1,000 won in the name-to-face 1,000, and

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. A protocol of seizure and a list of seizure;

1. Each photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant crime, Article 27 (1) of the Medical Service Act (in addition, Article 27 (1) of the Act on Special Measures for the Control of Public Health Crimes)

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment recommended on the sentencing guidelines [the types of determination] the scope of punishment [the scope of punishment recommended] shall be limited to the area of mitigation [the area of recommendation] (where the medical practice itself is objectively small, the scope of punishment] from one year to two years and six months; and

2. The risk of violating the health and public health of many victims shall be high in the case of non-licensed medical practices to be sentenced;

However, compared to other medical practices, there is a relatively small risk of infringement on health due to door, and in fact there is a serious infringement on the health of the recipient of the procedure due to the defendant'sless medical practice.