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(영문) 부산지방법원 동부지원 2016.09.05 2016고단857
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of five million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

A defendant shall not be a medical person, nor be engaged in medical practice, unless he is a medical person.

Nevertheless, the defendant, around October 201, conducted the procedure that allowed the F to sit with the f to sit with the f introduced by the president of the E in Busan Shipping Daegu D.

The Defendant injects hacker using a injection machine over two occasions with hacker hacker’s prescription, and received 400,000 won as consideration for such injecting hacker’s admission into the above F.

The Defendant, from that time until November 26, 2015, received 6,010,000 won in return for the medical practice for profit-making purposes, as shown in the attached list of crimes in the same way as in the same manner, from that time until November 26, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The statement of the police officer made to F, G, H, I, J, K, L, M, N, andO;

1. A complaint;

1. Each photograph;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Subparagraph 1 of Article 5 of the Act on Special Measures for the Control of Public Health Crimes; Article 27 of the Medical Service Act (Overall Control);

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

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

1. Article 62 (1) of the Criminal Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that even though the defendant had been punished for the same criminal record, he/she again leads to the crime of this case, and that the defendant's crime is more severe in light of the contents, circumstances, frequency, and risk of the crime.

The punishment as ordered shall be determined by taking into consideration all the normal materials revealed in the trial process, such as the fact that the defendant's mistake is recognized, the age of the defendant, the motive leading to this case, the attitude of the victims, the frequency of crimes, the degree of profits, the attitude of the defendant after the crime, etc.

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