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(영문) 인천지방법원 2014.05.01 2014고단1268
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,500,000.

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.

Nevertheless, from July 5, 2012 to February 2, 2014, the Defendant, who is not a medical personnel, operated a literacy business with the trade name of “D” by keeping two beds, electric dynamics, electric equipment, books, and various physical materials from the second floor of the building located in Gyeyang-gu Incheon Metropolitan City. On January 17, 2014, the Defendant, who was not a medical personnel, received KRW 600,000 from an unclaimed customer who found the place at the office of the above gate via receiving 60,000 won from the unclaimed customer and attached the gate credit increase to the gate machine, carried out grams by inserting the grams into the part of the above customer’s skin, and carried out grams by inserting the grams on four occasions from that time to February 2, 2014, as shown in the attached list of crimes.

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. Investigative reports (to attach data, such as a business registration certificate);

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

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 (generally, choice of limited imprisonment and concurrent imposition of fines);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that there is no record of crime, as well as once a fine is imposed, and the fact that confessions and reflects are given);

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution (the grounds for discretionary mitigation have been repeatedly considered);

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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