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(영문) 서울동부지방법원 2017.01.24 2016고단3798
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of three thousand won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 7, 2016, the Defendant, even if he is not a doctor, performed a sex-type procedure on the part of the knife in the knife and received one million won as a price for the knife after having performed a sex-type procedure in a manner that snifes the part of the knife in the knife, and received more than five times as shown in the attached crime list on the same day, and received more than 110,000 won in return, and carried out a sex-type procedure as a medical practitioner.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of Acts and subordinate statutes to report on investigation (the counter-verification of the person under procedure and attachment of a list of crimes);

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 (the punishment of imprisonment with labor for a period of time and the concurrent punishment of fines) comprehensively with respect to the relevant criminal facts and the choice of punishment;

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

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

1. Protective observation and community service order under Article 62-2 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, even though the Defendant had already been punished for the same kind of crime in 2007, committed the crime again. Medical practice entails a risk that may cause serious harm to the life and health of people. In particular, given that the procedure of this case is highly likely to cause side effects such as blood transfusion and infection, there is a significant and dangerous social risk, side effects on some patients, the number of times of the crime is not significant, and there are no significant number of profits acquired in return for the crime, it is necessary to severely punish the Defendant.

However, the fact that the defendant is living against the majority while leading to the confession of the crime, the establishment of fixed facilities to conduct business against the majority, or not deceiving the patients.

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