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(영문) 대구지방법원 포항지원 2015.06.24 2015고단306
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

No person other than a medical person shall perform medical practice.

Nevertheless, around December 12, 2014, the Defendant: (a) carried out a “sovering” procedure on the part of “C” reflected in the Daegu Jung-gu B 4th floor; (b) a single-sover on the part of the left part part of D, a customer who found the place using the door-to-face excess; and (c) transferred 300,000 won in return; and (d) carried out a “sovering” procedure in the same manner as the above “C” around the 16th day of the same month in the same manner; and (c) received 450,000 won in return.

Accordingly, even if the defendant is not a medical person, the defendant was engaged in medical practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (Submission of transaction data remitted from the price of a victim's DNA medical treatment), application of six photographs to six Acts and subordinate statutes;

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 (Concurrent Imposition of Imprisonment or Imprisonment with prison labor);

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 on the stay of execution (see, e.g., Supreme Court Decision 200Do134, Apr. 1, 2

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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