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(영문) 서울중앙지방법원 2021.01.21 2020고단6736
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall engage in medical practice, and no person, other than a medical doctor, shall engage in medical practice for profit.

Even if the Defendant is not a medical person, around November 15, 2019, purchased goods necessary for the operation of the door-to-door clinic, such as “C” at the first floor of the building B in Gwanak-gu, Seoul Special Metropolitan City, for the use of the door-to-door clinic, “a new machine,” and “gate-to-door,” etc., and was provided at the above location. The Defendant was provided with 1.50,000 won in return for the gate-to-face d’s body increase and knife, and received 1.50,000 won in return from that time until April 2, 2020.

Accordingly, the defendant was engaged in medical practice for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The imposition of a fine concurrently by selecting Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act, and imprisonment with prison labor for a limited term of crime;

1. Article 53 and Article 55 (1) 3 and 6 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant was the first offender who had no criminal record; (b) the recognition of the offense; (c) the period of running a new business; (d) the gains acquired; (e) the Defendant’s age, sexual conduct, environment; and (e) the circumstances constituting the conditions for sentencing appearing in the records and arguments of this case, shall be determined,

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