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(영문) 인천지방법원 2013.04.11 2013고단867
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for one year and a fine of 2,500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice, and any person who is not a doctor shall conduct medical practice as a business.

On March 6, 2007, at around 14:00, the Defendant possessed 14:0 of the Nam-gu Incheon Metropolitan City C apartment loan 102 Dong-gu 1, 102 D, with a single-use injection device, a single-use injection device, and with a single-use injection device, and entered in the list of crimes below, as well as to E and F, who wish to be sexually sexually sexually sexually sexually sexually, using a single-use injection device, in which the Defendant was not a doctor: Provided, That “206.” in paragraph 6 of the attached list of crimes is corrected as “207.”

In the same way, I received 600,000 won from E, and 1.8 million won from F.

In this respect, the defendant performed non-licensed medical practice for profit purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Each photograph, opinion, and each medical certificate;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 5 of the former Act on Special Measures for the Control of Public Health Crimes (Amended by Act No. 10579, Apr. 12, 2011); Article 27 (1) of the Medical Service Act (Joint Imposition of Imprisonment and Fines) by combining relevant provisions on criminal facts;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. The sentence of imprisonment with prison labor shall be imposed on the accused, considering the risks of medical practice by a person who is not a doctor of reasons for sentencing under Articles 70 and 69(2) of the Criminal Act, considering the fact that there is a risk of causing serious harm to the life and health of people, there is a criminal record of suspended execution due to the same kind of crime, the continuous crime committed by the accused during the suspended execution period, the side effects of the patients who were administered by the accused have occurred, and the damage recovery has not occurred properly.

The above circumstances and the defendant.

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