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(영문) 서울서부지방법원 2020.02.12 2019고단3810
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

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, and no medical person shall perform any medical practice other than those licensed, and the defendant is not a medical person.

1. Around March 2019, the Defendant violated the Act on Special Measures for the Control of Public Health Crimes against B (Unlawful Medical Service Providers) placed B on the floor at the residence of B located in the building C, and laid down B on the face of the face, anesthesia the anesthesia on the face, and 10 minutes after approximately 10 minutes connected to the room on the face of the face, and carried out a sniffing procedure to inserting the knife on the face of the face, a riffing procedure to inserting the knife on the part of the knife, and a knife procedure to inserting the knife on the part of the knife, and received KRW 80,000 from B in return.

In this respect, the defendant performed non-licensed medical practice for profit purposes.

2. Around 14:00 on March 23, 2019, the Defendant violated the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) against E in the above B’s residence, to conduct a practical printing procedure, torouting procedure, and torouting procedure, and to receive KRW 2.8 million in return from E.

In this respect, the defendant performed non-licensed medical practice for profit purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of B and E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act, and Article 27 of the Act on Special Measures for the Punishment of Crimes and the Imposition of Fines concurrently;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 and 6 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) and (2) of the Criminal Act of the suspended execution;

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment in light of the risk of unlicensed medical practice for the reason of sentencing.

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