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(영문) 서울동부지방법원 2015.04.23 2015고단494
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person who is not a doctor shall engage in medical practice as a business for profit.

Nevertheless, on October 2009, the Defendant, not medical personnel, received 12,150,000 won in total to C over 18 times, as shown in the separate crime list, from around August 2012 to around 2012, as in the same manner, and performed medical practice by taking injecting 8,50,000 won as a result of injection into the inner part of C, where the ingredients of the vegetative body prepared in a veget where the trade name in the Songpa-gu Seoul Metropolitan Government vegetative movement is unknown.

Accordingly, the defendant was engaged in medical practice for the purpose of profit-making.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning the details of deposits without passbooks, certificates of diagnosis and treatment, photographs of the complainants, removed foreign substances photographs, and the details of transactions of admission and withdrawal;

1. 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 (Concurrent imposition of imprisonment or imprisonment with prison labor) comprehensively for committing a crime and for the selection of a punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances in favor of the reasons for sentencing);

1. Probation and community service order under Article 62-2 (1) and proviso to Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, etc.

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] The act of unfair medical treatment is committed in violation of Article 334(1) of the Criminal Procedure Act, and there is no basic area (one year and six months to three years) (the special person) [the decision of sentence] [the act of this case may cause serious damage to human life or body, the crime of this case may cause serious damage to human life or body, the crime of this case is serious, and the danger of public health is high, and C suffers from side effects due to the defendant'sless medical practice.

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