logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.10.22 2015고단2918
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is not a person who operates a four-day shop in the third floor of the Seo-gu Daejeon Building, and no person, other than a medical person, shall perform medical practice.

On June 2, 2015, the Defendant, at the above four-day shop, performed a eyebrow surgery for customers by injecting the surgery with anesthesia surgery on the eyebrow of E, customer, and receiving KRW 135,00 in return from E from June 25, 2015 from that time, as described in the list of crimes in the attached Form.

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

Summary of Evidence

1. Defendant's legal statement;

1. A copy of daily sales ledger;

1. Application of Acts and subordinate statutes concerning police seizure records and seizure lists;

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 1 of the Act on Special Measures for the Selective Punishment, Article 27 (1) of the Medical Service Act (Generally, Selection of Imprisonment and Concurrent Imposition of Fines);

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) of the Criminal Act of confiscation;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order / [Scope of recommending punishment] The food and health crime group, illegal medical acts (type 2: licensed medical acts without business license), mitigation area, one year to two years and six months [Pronouncement Decision] reflects that no criminal punishment other than once a fine is imposed, the period of a fine imposed is short, and the profit gained from a crime appears to be relatively small, considering the motive and circumstance leading to the crime, the defendant's age, family relation relation, etc.

arrow