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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
The Defendant is a person who operates a clothing selling company under the trade name of “D” from the first floor of the building located in the Nam-gu Incheon Metropolitan City.
Notwithstanding the fact that the Defendant was not a doctor, the Defendant kept two bed for the purpose of gateing procedure on the second floor of the building 2016, two bed for the purpose of gateing procedure, two door strings, three types of door strings for the purpose of gateing procedure, five strings, three strings for ice 15, three strings for ice 100,000 won from E which caused gateing procedure on the second floor of the building at the end of October 2016 and received 100,000 won from the two strings to the right side of 10 meters after using door strings installed with kniff in accordance with the above design, and received money for profit-making purposes from around 2016 to March 2017.
Accordingly, the defendant was engaged in medical practice even though he was not a doctor for profit.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Application of the Acts and subordinate statutes of literature photographs
1. Relevant 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 (joint imposition of imprisonment with labor for a period of time, and fines);
1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act (limited to imprisonment with prison labor);
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is mitigated from the mitigated area (one year to two years) of the two types (businesslessless medical practice) (one year to two years), and the medical practice itself itself becomes objectively dangerous or the treatment effect is shown;
2. Since there is a risk that many victims' health and public health may be infringed due to the decision-free medical practice without a license, there is a need to strictly punish the defendant.