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(영문) 부산지방법원 2013.11.14 2013고단6204
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From March 2013 to August 26, 2013, the Defendant is a person who is engaged in the literacy business under the trade name “D” in the gold-gu Busan Metropolitan City from March 2013.

On August 26, 2013, the Defendant made a pre-contract in D’s above “D,” and received 5-300,000 won on one occasion against approximately 40 persons during the above period, on the one hand, for the following reasons: (a) the Defendant carried out a flacing procedure by inserting the flacing part of the right part of the back part of the flac, such as flac, flac, and flac, and then injecting the flac incing part of the right part of the flac; and (b) the Defendant carried out a flacing procedure.

Accordingly, the defendant was engaged in medical practice even though he was not a doctor for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the sequence 1, 9 of the evidence list);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, Selection of a limited term of punishment, Article 27 (1) of the Medical Service Act, and the concurrent imposition of fines;

1. Article 53, Article 55(1)3, and Article 6 of the Criminal Act for discretionary mitigation ( considered favorable sentencing factors among the reasons for sentencing below);

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

1. Article 62 (1) of the Criminal Act (Discretionary Consideration for Reasons for Discretionary Mitigation);

1. The crime of this case subject to the statutory provisions of Article 48(1)1 of the Confiscation Criminal Act shall be sentenced to the punishment exceeding the sentencing guidelines (one year and June 3), taking into account the following: (a) the crime of this case was committed seriously detrimental to the order of medical service and health and the people’s health; (b) the Defendant’s growth environment is uncertain; and (c) his family character is difficult; and (d) there are no records of punishment subject to the suspension of qualifications or higher punishment; and (c) the punishment shall be determined by taking into account all other factors such as the motive, means and result of the crime; (d) the Defendant’s age,

It is so decided as per Disposition for the above reasons.

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