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(영문) 대전지방법원 천안지원 2014.07.24 2014고단319
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant

A Imprisonment of one year and six months and fine of 5,000,000 won, Defendant B's imprisonment for one year and fine of 1,000,000 won, respectively.

Reasons

Punishment of the crime

No person, other than a medical person, shall conduct a medical practice:

1. Defendant A, for profit-making purposes from May 2012 to February 24, 2014, engaged in a non-licensed medical practice by: (a) displaying a wide number of unspecified customers suffering from the Internet SNS’s introduction; (b) displaying a door “satis” on the body of customers; and (c) inserting a knife to the body of customers by operating a machine after making a high knife; and (d) inserting a knife to the body of customers, he/she engaged in a non-licensed medical practice by receiving KRW 10 to 150,00,000 at one time.

2. Defendant B, for the purpose of profit-making, engaged in a non-licensed medical practice business from October 2013 to February 24, 2014, in the place described in the foregoing paragraph 1., and in the same manner, received 10 to 150,000 won at one time, and received 10 to 150,000 won at one time,

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each letter of self-sufficiency of E and F;

1. Application of statutes on each seizure protocol, on-site photographs, E literary photographs, F literary photographs, and respective seizure records;

1. Defendants of relevant criminal facts: Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Selection of Imprisonment with prison labor and the concurrent imposition of fines) inclusive;

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 and 6 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants, who are not qualified for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, committed medical acts by the Defendants, regardless of the reason therefor, do not seem to be less than a crime. However, the Defendants’ confession of all of the instant crimes and widely disseminated that the sentence expresses people’s identity; the size of the place of business established by the Defendants and the criminal records in the case of Defendant B.

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