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(영문) 부산지방법원 2014.10.16 2014고단6103
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a skin management office in Busan-gu Ctel 103 Dong 601.

In June 2012, the Defendant, even if not a doctor, performed the “E” located in Busan Southern-gu, Busan-gu, and received KRW 300,000,000 in return for the treatment of the “flab” and the “flab” inserted in the “flab” and the “flab” inserted in the “flab” and the “flab” in which the Defendant injected the ice flab by using the injection devices on both sides of the F.

The Defendant, including that, from May 10, 2012 to February 10, 2014, provided 14 passengers with medical services, such as inserting in advance 15 times in total, as indicated in the attached list of crimes, from around May 10, 201 to around February 2014, and received 6 million won in total as the price for such medical services.

Accordingly, the defendant was engaged in medical practice for profit-making purposes even though he was not a doctor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Each investigation report (the sequence 19,20 of the evidence list);

1. Records of seizure and the list of seizure;

1. A medical certificate, medical certificate, etc.;

1. Application of the Acts and subordinate statutes governing the place of practice, photographs of victims, and photographs;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act, and limited imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention in the workhouse [the scope of recommendation] is that the act of unfair medical treatment is committed in the mitigated area (one to two years and six months) [the person subject to special mitigation] [the decision of sentence] the case of self-denunciation [the person subject to imprisonment], one year, a fine of four million won, a public health order and national health violation, the crime period is short, the actual person subject to a certain procedure has no side effects, the prior consent of the person subject to the procedure was obtained, the deposit was made to recover significant damage, and so forth.

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