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(영문) 인천지방법원 2020.06.18 2019고단6979
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.

Around March 11, 2019, at a place where it is impossible to know that the Defendant is not a medical person even if he/she is not a medical person, the Defendant: (a) performed a so-called writing operation to administer liquid (i.e., liquid (i., one), in the face of a woman whose name is unknown using an injection device; and (b) received 140,000 won as a consideration from the above female; and (c) performed a written operation over 31 times from around that time to May 13, 2019, and received a total of 10,220,000 won in consideration of the written list of crimes.

Accordingly, even if the defendant is not a medical person, the defendant was engaged in medical practice for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused and the B by the prosecution;

1. Reports on internal investigation (Attachment to photographs taken directly by a suspect in March or April of a year);

1. Report on internal investigation (with respect to the treatment schedule taken up by a suspect on Face-North Korea);

1. Investigation report (or relative investigation into a person in charge of medical license for the Ministry of Health and Welfare);

1. Investigation report (to attach photographs to a written report used by a suspect for one week);

1. Records of seizure and the list of seizure;

1. A copy of a note;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of data on details of remittance of money);

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 1 of the Act on Special Measures for the Selective Punishment, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines);

1. Articles 53 and 55 (1) 3 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;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Article 48 (1) 2 and (2) of the Criminal Act;

1. The sentence is ordered in consideration of all the sentencing conditions, including the contents of the crime as indicated in the sentencing reasons of Article 334(1) of the Criminal Procedure Act, the period and benefits of the crime, the defendant's primary and reflectiveness, and the defendant's age, character and conduct, environment, motive of the crime and circumstances after the crime.

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