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(영문) 수원지방법원 2014.11.19 2014고단4818
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of KRW 1,000,00.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 2013, 2013, the Defendant: (a) at an accommodation where the Defendant was silentd by the U.S. D., the Defendant: (b) decided to receive KRW 2 million from C; (c) decided to be a sexual sea cycle at which both sides of the entrance of a nitrogen are seeable; and (d) injected the “cumumumum”, a medicine, into one, three times in total; and (c) injected it into one by the same method after a week.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement of opinion;

1. Investigation report (Attachment of a written confirmation of medical treatment for a victim) - Application of a written medical confirmation;

1. Article 5 subparagraph 3 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 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) of the Criminal Act;

1. The reason for sentencing a provisional payment order is that the defendant committed another same crime even though he/she had been punished several times for the same crime, and that if a non-licensed person conducts medical practice, there is a high risk of causing medical accidents or side effects, and that there is a heavy penalty against the defendant.

However, given the favorable circumstances, such as the fact that the Defendant’s benefits obtained through the instant unlicensed medical practice, and the fact that the subject of unauthorized medical practice does not want to be punished by the Defendant, the sentence shall be determined as ordered in consideration of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, the circumstances after the instant crime, etc.

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