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(영문) 의정부지방법원 고양지원 2017.11.02 2017고단2669
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who engages in literacy practice under the trade name of "C" in the first floor of the building located in B in Pakistan-si.

Notwithstanding the fact that no medical person is allowed to perform medical practice, the Defendant: (a) around February 2, 2017, by inserting the color string to the string of the strings of the strings by using the strings of the strings of the strings by cutting the strings of the strings by cutting the strings of the strings of the strings of the strings of the strings; and (b) instead, (c) inserting the strings into the strings of the strings of the strings, and receiving KRW 300,000 in return from June 3, 2015 to April 18, 2017; and (d) received KRW 65,080,000 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. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of Acts and subordinate statutes to a report on investigation (the filing of a list of crimes against a suspect's criminal acts and the result thereof);

1. Relevant Article 5 subparag. 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 subparag. 1 of the Medical Service Act ( comprehensively, the choice of imprisonment for a limited term and the concurrent imposition of necessary punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the grounds for sentencing under Article 334(1) of the Criminal Procedure Act / [the scope of recommendation] / In the mitigated area (one year to two years] (one year and six months), where the medical practice itself is objectively small in danger (the decision of sentence] [the defendant has the record of being punished as a fine for the same crime on May 23, 2013, again committed the instant crime even if he/she had the record of being punished as a fine for the same crime.

The period of crime is not shorter than the period and the proceeds of crime are also reasonable.

There is a possibility that there may be side effects such as blood transfusions, infections, second infections, etc. in the case of the act of literacy treatment.

(b).

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