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(영문) 수원지방법원 2017.02.08 2016고단7455

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall engage in medical practice, and engage in medical practice for profit-making purposes.

On February 26, 2016, the Defendant: (a) around February 26, 2016, at “D” located on the second floor of the Seocho-gu Seoul Metropolitan Government building C; (b) equipped with bed, anesthesias, coloring agents, etc. necessary for the dental treatment; (c) performed anesthesia using the national anesthesia cream in the eyebrow skin and the national anesthesia anesthesia x 45 drug; and (d) performed anesthesia in the part of the skin part of the skin of the skin after sticking sludge, and (e) performed a medical act by injecting the body of the body of the Defendant from around February 24, 2016 to June 27, 2016; and (e) received a total amount of 29 times, eye, an infant, hyke, and hyke for profit-making purposes; and (e) received a total amount of 10,000 won from around 24, 2016 to around 20.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Seizure records;

1. Details of transactions of admission and withdrawal, establishment and operation registration certificate of a private teaching institute, business registration certificate, and details of oral operations;

1. The content of D Advertising, application of the relevant Megical 45 photographic Acts and subordinate statutes;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes in connection with a crime; Article 27 (1) of the Medical Service Act;

1. Selection of punishment, abandonment of punishment, and the concurrent imposition of fines;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) / [the scope of recommendation] the mitigated area (one year to two years) (one year and six months) of the mitigated area (the special mitigated person] medical practice itself is objectively less dangerous (the decision of sentencing).