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(영문) 광주지방법원 순천지원 2018.05.17 2017고단2965
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] On September 11, 2013, the Defendant was sentenced to imprisonment for one year and a fine of three million won by the same court for a violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operators) and was released from Gwangju prison on December 24, 2014 and the execution of the sentence was terminated on January 30, 2015.

[Criminal facts] No person, other than medical personnel, may conduct medical practice

Nevertheless, around October 2015, the Defendant: (a) was provided with the local call of medical technicians, halogen, and disposable injection equipment, and (b) received 1.5 million won in return for doing sexual surgery by injecting halogen into the stud part of the above studio business; and (c) received 1.5 million won in return for doing so by spreading the skin and removing halogen; and (d) from that time until February 2017, the Defendant received 7.3 million won in total from that time to February 2017 for commercial purposes and received 7.3 million won in return for a total of 6 times as shown in the annexed crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to F, G, H, I, and J;

1. Evidence photographs;

1. Complaint;

1. Investigation report (Attachment of a detailed statement of deposit), investigation report (as to the date of the proceedings of the complainant F), transaction statement, deposit certificate, etc., evidence photograph (K deposit);

1. Previous convictions: Inquiry of criminal history, report on investigation (the records of the same kind of crime as the suspect), and application of Acts and subordinate statutes on the acceptance of individuals

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant facts constituting a crime, Article 27 (1) of the Medical Service Act (in addition, imprisonment with prison labor for a limited term and the concurrent imposition of fines);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime is committed during the period of repeated crime of the same kind for which punishment is imposed under Article 334(1) of the Criminal Procedure Act, and the crime is committed by non-medical personnel, which is likely to cause serious harm and harm to the national health. The period of the crime, the degree of profit gained from the crime, the degree of the profit gained from the crime, the degree of the crime, the non-existence of punishment of the complainant, and the crime

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