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(영문) 부산지방법원 동부지원 2014.12.17 2014고단1906
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,500,000.

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.

Nevertheless, from around August 2013 to June 2014, the Defendant: (a) provided with equipment and drugs necessary for door-to-door communication, such as anesthesia, anesthesia (anesthesia), coloring, etc. at the store of the Defendant’s operation “D” in Busan Shipping Daegu C and 2610; and (b) provided a large number of unspecified customers who visited the site with eye eyebrow or eyebrow; and (c) provided an upper part of the anesthesia with the body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body of the patient’s body.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on a petition;

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, Article 55 (1) 3, and 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do349, Apr. 2, 2011);

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 (Discretionary Reasons for Discretionary Mitigation);

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

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