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(영문) 부산지방법원 2013.11.14 2013고단6399
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment with prison labor for a year and six months, and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 9, 2013, the Defendant, at the Defendant’s house located in Suwon-gu, Busan, equipped with literature and electric automatic equipment, brus, medicine, etc., and opened a broding, and the Internet “D” on the part of the skin, such as by using the above tool, opened a brogate against E who reported it, and carried out a brogate operation in the manner of inserting a knife knife inf by injecting it, and received 400,000 won as a price for the 86 persons between November 13, 2011 and June 9, 2013, the Defendant received approximately 10,000 won at one time to KRW 50,000,000,000 from June 8, 2013.

Accordingly, the defendant was engaged in medical practice even though he was not a doctor for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (specific at the scene of crime);

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, Selection of a limited term of punishment, Article 27 (1) of the Medical Service Act, and the concurrent imposition of fines;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 and 6 of the Criminal Act (Consideration of the fact that there exists no record of punishment imposed, suspension of qualification or heavier punishment);

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

1. Article 62 (1) of the Criminal Act (Discretionary Consideration for Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;

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