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(영문) 서울중앙지방법원 2013.07.04 2013고단2529
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of 2,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Around July 15, 2010, the Defendant: (a) placed a store in C’s shop in the B’s shop in the B’s shop in the vicinity of the river basin in Gangnam-gu Seoul, Gangnam-gu; (b) carried out an d’s eyebrow surgery by putting narcotics and injecting it into the body of the eyebrow; and (c) around that time, until December 7, 2011, the Defendant carried out non-licensed medical practice by using the above methods, such as eyebrow surgery, which reflects customers for profit-making purposes as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Records of seizure and photographs of seized articles;

1. Records, output, etc. of the website, data on the website, business photographs, and details of the transactions of entry and exit;

1. Each investigation report (Evidence List 7 through 9) and the application of the Acts and subordinate statutes requesting cooperation in an investigation;

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

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1) of the Criminal Act for forfeiture [the decision of type] of punishment under Article 48(1) of the Criminal Act: Illegal medical acts such as food and health care [the scope of recommending sentence] one year and six months [the decision of sentence] - three years [the decision of sentence] unfavorable: considering the risk of health and hygiene caused by an unqualified person's medical practice, the period and frequency of the crime in this case, expertise and organizationality of the method of committing the crime conducted by inviting members or persons to undergo surgery through Internet advertisements, etc., and the quality of the crime is not weak, and the defendant's amount received in return for medical practice is not less than 42 million won. There is no serious risk of life or body due to the crime in this case.

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