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(영문) 서울서부지방법원 2017.11.22 2017고단2598
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine, only 100,000.

Reasons

Punishment of the crime

No person, other than a medical person, shall conduct medical practice, and no person, other than a doctor, shall conduct medical practice for profit-making purposes, and the defendant is not a medical person.

Nevertheless, from July 2016 to August 2017, the Defendant provided with 506 business places located in Mapo-gu Seoul, Mapo-gu, 506 with anesthesia cream (including prescription clocks which are a national anesthesia) with the trade name “C”, coloring, and strings, etc. The Defendant: (a) covered customers with anesthesia clocks in the eyebrow; (b) covered customers with anesthesia clocks; and (c) received 150,000 won for 10,000 won for clocks and 1910,000 won for clocks and 21,000 won for clocks and 31,000 won for clocks; and (d) obtained clocks and 31,000 won for clocks and clocks for clocks; and (c) received 91,000 won for clocks and 131.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. On-site reports (investigation into C materials, printed out of the Internet pages), investigation reports (the details of deposit and withdrawal of financial accounts), the application of statutes;

1. Relevant legal provisions concerning criminal facts, 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, the choice of imprisonment, and necessary concurrent imposition of fines;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the period of punishment for sentencing under Article 334(1) of the Criminal Procedure Act is not shorter than the period of the crime, and the profits acquired therefrom are also not much significant, under the unfavorable circumstances, that the crime is divided and reflected, and there is no record of criminal punishment other than once a fine for this type is imposed.

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