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(영문) 인천지방법원 2020.12.11 2020고단5382
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than medical personnel, shall engage in medical practice for profit-making purposes, and the accused is an unqualified person for medical personnel.

around July 2019, the Defendant received KRW 1 million from the house of Michuhol-gu Incheon Metropolitan City B and C, and received KRW 4,00,000 from D, and conducted a brush surgery to D without obtaining a license by means of saving anesthesia with the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the body.

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. Application of the police statement law to D;

1. Relevant laws concerning facts constituting an offense, Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment or a necessary fine);

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) of the Criminal Act concerning a suspended sentence;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, despite the fact that the defendant had been punished twice for the same kind of crime, is heavier than that of the crime.

However, considering that the defendant's recognition of the crime in this case is against the defendant, that he did not gain economic benefits from the crime in this case, that he was punished for the same crime in the same kind before about 20 years, the punishment shall be determined as ordered in consideration of all the circumstances, such as the defendant's age and environment, etc.

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