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(영문) 인천지방법원 2014.03.25 2014고단1082
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

No person other than a medical person shall perform medical practice.

From the end of November 2013 to December 27, 2013, the Defendant, even if he/she is not a doctor, opened a simplified bed and a door-to-door in the name of “D” on the first floor of the commercial building located in Bupyeong-gu Incheon Metropolitan City, and operated a door-to-door procedure company with the trade name of “D”. On December 15, 2013, the Defendant received KRW 1 million in return for a door-to-door procedure from E, a customer, and attached a door-to-door increase on a door-to-door machine, and carried out a door-to-door procedure by inserting a door-credit color in the body of E.

Accordingly, even if the defendant is not a medical person, the defendant was engaged in medical practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (investigation into E in which correspondence is performed);

1. Application of the Acts and subordinate statutes to photographs, control sites and seized objects photographs by cutting down the DNA homepage;

1. 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 (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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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