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(영문) 인천지방법원 2013.03.07 2013고단475
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 2,00,000.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is not a doctor, who operates a place of reflection surgery, such as eyebrow and an infant, with the trade name "brow" in the Gyeyang-gu Incheon Gyeyang-dong Habro B 1209.

Around August 16, 2012, the Defendant was equipped with IM 1 and IM 10,000 each month’s average 3 or 10 customers from July 1, 2009 to October 24, 2012, with the Internet homepage (ww.bbbara.or.kr) reported by the Defendant on the Internet homepage (www.bbama) operated by the Defendant, and received 150,000 won each month’s average 3 or 10 customers from July 1, 2009 to October 24, 2012, and received 90,000 to 150,000 won or more in return.

Therefore, although the defendant is not a doctor, the defendant was engaged in medical practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. The Internet civil petition, the national newspaper attached data (the screen after closure on the Internet homepage);

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Subparagraph 1 of Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines) comprehensively for a crime committed;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The suspended sentence of medical practice by a person who is not an intention of the reason for sentencing under Article 62(1) and (2) of the Criminal Act (hereinafter referred to as “conscising sentence”) includes the risk of causing serious harm to the life and health of the people. The instant procedure contains high risk of causing side effects such as blood transfusion and infection, and is operated for more than three years, and is disadvantageous to the defendant.

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