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(영문) 부산지방법원 2020.10.26 2020고단2964
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 operates a literacy treatment establishment under the trade name of "C from Busan Jin-gu B and 3rd."

No person, other than a medical person, shall perform medical practice, and no person, other than a medical doctor, shall conduct medical practice as a business.

Nevertheless, on January 15, 2020, the Defendant, who was not a medical personnel, was equipped with a door-to-door, such as a bend, tring, brush, brush, coloring, and brush, etc., with a door-to-door, etc., to customers D who visited the above business around the 15th of the same month, put the skin into the knife knife, and received 200,000 won to the knife of the above D by injecting the knife, and then received 20,000 won from the unclaimed customers from around that time to April 28, 2020.

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

Summary of Evidence

1. Statement by the defendant in this court;

1. Entry of the statement and report of the internal investigation of the defendant in the police interrogation protocol;

1. Application of the Acts and subordinate statutes to make statements in the police statement regarding D;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes related to the Act on Special Measures for the Control of Crimes, Article 27 (1) of the Medical Service Act (Compulsory Imposition of Imprisonment and Fines);

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

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Probation 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 of the provisional payment order;

1. Scope of punishment by law: One to fifteen years of imprisonment;

2. The scope of recommendation [the determination of types] according to the sentencing guidelines for food and health crimes: Reference medical acts [the 2-type] Business Unlicensed Medical Practice [the Special Sentencing] mitigated element: the medical practice itself is objectively dangerous or dangerous.

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