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(영문) 부산지방법원 동부지원 2015.01.07 2014고단2214
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

No person who is not a medical person, shall engage in medical practice for profit.

Nevertheless, from July 2013 to April 2014, the Defendant: (a) provided with equipment and drugs necessary for door-to-door, such as anesthesia, anesthesia (anesthesia) and coloring, at the store of the Defendant’s operation “D” in Busan Shipping Daegu C and E-605 (C); (b) provided, however, with equipment and drugs necessary for door-to-door, such as anesthesia; (c) took care of the eyebrow or the eyebrow for an unspecified number of unspecified customers who visited the scene; and (d) provided the upper part of the anesthesia with the body of the anesthesia and the body of the body of the individual who visited anesthesia to anesthesia; and (e) provided the body of the anesthesia with the body of the individual, for a considerable period of 150,000 won and 100,000 won and 100,000 won and 400,000 won, respectively.

Accordingly, the defendant was engaged in medical practice for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to cooperation with a violator of the Medical Service Act;

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

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. Considering the fact that the reason for sentencing under Article 62(1) of the Criminal Act is not good for the crime of this case, strict punishment against the defendant is required.

However, in addition, considering the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime, the punishment as ordered shall be determined by taking into account the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and result of the crime.

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