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(영문) 수원지방법원 2016.06.01 2016고단1885
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a medical person, on February 28, 2015, performed a procedure of surveying the c’s c’s c’s c’ by using a disposable injection device introduced from D in Suwon-si C’s 2015, using a disposable injection device in which the c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’s c’ and delivery of 160,000 won from F in consideration of the c’s c’s c’ c’ c’ c’ c’ c’ c’s c’s c’s c’s c’s c’s c’s cher, and delivery of 250,00,000 won for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Statement made by the police with regard to F;

1. Details of transfer and copy of a contract for lease of commercial housing;

1. Application of Acts and subordinate statutes governing internal photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 5 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 for a limited term, and the concurrent imposition of fines;

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

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the grounds for sentencing under Article 334(1) of the Criminal Procedure Act / [the scope of recommendation] / [the decision of sentence] / the content and method of the Defendant’s medical practice conducted by the Defendant, the degree of risks thereof, the current status and scale of “H” operated by the Defendant, the attitude of the Defendant’s reflective attitude and the relationship between the previous conviction (which had the history of being punished by a fine as a violation of the Medical Service Act around December 2010), and all other factors of sentencing as indicated in the records and changes.

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