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(영문) 제주지방법원 2016.01.28 2015고단1530
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 5,00,00.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice.

Even if the Defendant is not a medical person, on January 2, 2015, engaged in the business of literacy services with the trade name “D” at the Defendant’s residence located in Jeju C and 401, and engaged in the business of providing medical services for profit-making purposes over 60 times, such as the following: (a) the Defendant, who was not a medical person, was placed in the arms of E (16 years) in which it is impossible to identify the sex by inserting the coloring to the typ of the typ of the typ of the typ of the typ of the typ of the typ of the typ of the typ of the typryp by taking advantage of the typ of the typ of the typ of the typ of the typ of the typ

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each report on damage;

1. Investigation report (the analysis of multi-purpose suspects for specific purposes of victims of literature and cellular phone;

1. Reports on internal investigation (verification of addition of students suffering from damage to new procedures);

1. Seizure records;

1. Data for analysis of digital evidence;

1. Application of the Acts and subordinate statutes to each literary photograph, site photograph, and seized article photograph;

1. Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Joint Imposition of Imprisonment with labor for a period of time, and Fines) comprehensively with respect to the relevant criminal facts and the choice of punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 suspension of execution (resumed grounds for reduction of the amount of punishment);

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment: Imprisonment with prison labor for not less than one year (Concurrent punishment);

2. Scope of the recommended sentences according to the sentencing criteria;

(a) Determination of types: Two types of illegal medical acts (businessless non-licensed medical acts).

(b) Special sentencing mitigation factors: Where medical practice itself is objectively small in danger.

(c)the scope of decisions and recommendations in the territory of recommendations: the mitigated range, one year of imprisonment;

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