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(영문) 수원지방법원 여주지원 2018.06.26 2018고단200
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

No person who is not a doctor shall engage in medical practice as a business for profit.

Although the Defendant is not a doctor, from April 27, 2009 to August 10, 2017, the Defendant received a total of 3.4 million won from E (n, 56 years of age) in consideration of the price for the surgery for removal, etc. of the name of the buyer from the D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D D, and performed medical acts for profit-making purposes, including taking part in the face of E using the injection flag, etc., by taking part in several folds from Apr. 27, 2009 to Feb. 12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement protocol with respect to E and F;

1. E-M heads;

1. E statements;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (Submission, etc. of G Hospitalization Confirmation Document);

1. Investigation report (a list of the details received by the person under investigation from H, I, and J);

1. Application of Acts and subordinate statutes to a investigative report (to hear statements from H, I, J, or K);

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

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. 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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentence: one year and six months to three years (basic sphere); and

2. Determination of sentence shall take into account unfavorable circumstances, such as the fact that there was a history that the Defendant was punished for the same kind of crime, that there was side effects among those who received the procedure from the Defendant, and that the Defendant committed the instant crime against many people for a considerable period of time.

However, some of the people who received the procedure from the defendant are the defendant's wife and the defendant's wife is actively to receive the procedure.

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