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(영문) 부산지방법원 2014.06.26 2014고단1899

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant

A Imprisonment with prison labor of one year and six months and fine of three million won, Defendant B's imprisonment with prison labor of one year and fine of eight million won and Defendant C.

Reasons

Punishment of the crime

A person’s body is a medical practice that might cause harm to public health and sanitation, if a medical person conducts such a procedure, inasmuch as a person’s body is capable of blood transfusion in the process of the procedure, and side effects may occur due to physical reaction and sensitive reaction to the literature and credit color match, and then a person conducts such medical practice, if a medical person conducts such a procedure, is able to do so.

Despite the fact that the Defendants were not medical personnel, they leased No. 101 of the Nam-gu Busan Metropolitan Government GGGGGGGGGGGGGG from May 2013 to October 10 of the same year used one room as the workplace, and agreed to provide a door to customers who find out in the entrance. Defendant A provided a door to customers, such as H, at the same place from May 2013 to raise profits equivalent to 5 million won in return. Defendant B provided a door to customers, such as I, at the same place for the same period, and raised profits equivalent to 17 million won in return. Defendant C provided a door to customers from May 2013 to October 201 of the same year.

Therefore, the Defendants conspired to engage in a medical practice as a business.

Summary of Evidence

1. Defendants’ legal statement

1. Each protocol of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to police statements by I and H;

1. The Defendants: Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes; Article 27 (1) of the Medical Service Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; and the selection of limited imprisonment (Provided, That the concurrent imposition of fines);

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendant B and C: Article 62(1) of the Criminal Act (Consideration of favorable sentencing factors as follows); and

1. Defendant A and B: Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Defendant A [the scope of recommendations] Type 2 (Business Unlicensed Medical Practice) shall be applied to illegal medical acts.