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(영문) 부산지방법원 동부지원 2014.12.10 2014고단1910
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 medical personnel, shall engage in medical practice for profit-making purposes.

Nevertheless, the defendant from January 2014 to the same year.

9. Until February 2, 200, the Defendant’s store with the trade name “D” in Busan Shipping Daegu C and 2901 was equipped with equipment and medicines necessary for literature such as anesthesia, anesthesia, coloring, etc. and the operation of the Defendant’s equipment and medicines was performed in a manner that the Defendant’s color was exposed to anesthesia for an unspecified number of customers visiting the store and the eyebrow or the eyebrow was able to take care of the eyebrow or the eyebrow on the part of anesthesia, and the body credit for which anesthesia was taken to ask for anesthesia after anesthesia, and the Defendant’s color was found to have been shot. In the case of the eyebrow, 150,000 won or 180,000 won and 130,000 won or more, and in the case of the eyebrow, the Defendant sold the surgery at the monthly average for the above period of 300,000 won, respectively.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to request the investigation of a violator of the Medical Service Act;

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;

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 for the detention of a workhouse;

1. Considering the fact that the reason for sentencing under Article 62(1) of the Criminal Act is not good for the crime of this case, strict punishment against the defendant is required.

However, in addition, considering the defendant's age, character and conduct, environment, motive, means and result of the crime, and circumstances after the crime, the punishment as ordered shall be determined by taking into account the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and result of the crime.

The defense counsel regarding the defense counsel's assertion of this case shall perform acts such as the literacy procedure of this case.

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