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(영문) 부산지방법원 동부지원 2014.04.23 2014고단362
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, around February 6, 2014, the Defendant operated the skin care room with the trade name “D” in Busan Shipping Daegu C, and provided the said management room with eyebrow surgery, medicine, snowbrow surgery, and electrical appliances, etc. without a doctor’s license. The Defendant, without a doctor’s license, took anesthesia surgery on both sides of customer E’s face and 20 minutes after anesthesia surgery, went out with the eyebrow design with the eye, followed by the line being opened in advance with the eyebrow design, and then, cut off the skin by taking the skin in advance with the door-credit gate and the flabing of the flady, and then taking the 70,000 won from May 1, 201 to February 25, 2014, received 50 million won from the above place for profit-making business without obtaining a doctor’s license from the above method, and received 00 billion won for profit-making business and 100 billion won from the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs attached);

1. 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 Imprisonment with prison labor);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that there is no past record of the same kind of punishment or suspended execution or more, and the fact that confession and reflects are taken into account);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution (the grounds for discretionary mitigation have been repeatedly considered);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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