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집행유예
(영문) 수원지방법원 2016.3.9.선고 2016고단221 판결

보건범죄단속에관한특별조치법위반(부정의료업·자),정보통신망이용촉진및정보보호등에관한법·률위반

Cases

2016 Highest 221 Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Services)

(i) Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc.

violation of applicable rate

Defendant

U.S. ① (58 years old, surplus), free of office

Accommodation-si

Seongbuk-gu Seoul basic domicile

Prosecutor

The soldier’s week (prosecutions) and the highest decoration (public trial)

Defense Counsel

Attorney Kang Chang-ro

Imposition of Judgment

March 9, 2016

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of two thousand won,00,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment became final and conclusive.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

1. Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers);

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

Nevertheless, on November 12, 2014, the Defendant: (a) added eight rooms to both sides of thisA by inserting 8 rooms in a place of view of thisA; (b) around November 12, 2014, the Defendant received two million won from thisA in return for performing medical practice by inserting 8 rooms in a place of view of the two sides of the AA; and (c) in return, the Defendant received two million won from the AA.

2. Violation of Information and Communications Network Utilization Promotion Act.

On October 19, 2015, the Defendant suffered side effects due to non-licensed medical practices as above, and on the ground that the victim demanded the burden of medical treatment and treatment costs in sexual surgery, but the victim's demand was less than the expenses actually received, the Defendant from 28:28 to 2015.

10. 20. 10 : 39경까지 사이에 피고인의 집에서 피고인의 스마트폰 카카오톡앱을 이용하여 피해자의 스마트폰으로 " 나한테 실하고 유부남 만나서 무슨. .. 했지. 그런데 염증 안나요 ", " 언니 따님 전화번호 이번호죠, 010 - = = = = - XXXX죠, 언니 제가 전화하죠 ", " 언니는 바람피워서 얼굴이 잘못 되었잖아요 최여사가 그러던데 ", " 저는 벌금내고 언니는 얼굴 들고 다닐 수 있는지요 ", " 당신 가는 데마다 따라다니며 최여사하고 소문내지 " , " 이사장 가족한테는 비밀하고 당신 주변에 다 소문낼 거야 ", " 집안 꼴 좋아요. 70바라 보는 여자가 유부남하고 바람나 딸사위 어떻게 보나 " 라고 수회에 걸쳐 문자메시지를 발송하여 정보통신망을 통하여 공포심이나 불안감을 유발하는 문언을 반복적으로 피해자에게 도달하게 하였다 .

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (the occupation of unlicensed medical practice, the choice of limited imprisonment, the concurrent imposition of fines), Articles 74 (1) 3 and 44-7 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (the creation of apprehensions through information and communications networks, and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act [the scope of recommendations as to the crime No. 1 in its holding] The basic area (one year and six months to three years) (the decision of sentence as to the total crime) of the No. 2 (Business Unlicensed Medical Practice)

In light of the fact that the defendant has been punished for committing the same kind of crime as that of the judgment of the defendant, the defendant'sless medical practice causes post-licenseation, unfavorable circumstances such as the defendant's failure to receive a letter from the victim, the defendant's effort to treat post-treatment, the defendant does not seem to continue his/her licensed medical practice, and the defendant does not seem to have continued his/her licensed medical practice, and all other factors of sentencing specified in records and arguments are considered.

Judges

Judge Lee Jae-soo