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(영문) 광주지방법원 2017.04.14 2016고합473 (2)
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
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

Despite the fact that the Defendant and C are not medical personnel, in collusion, from May 2015 to November 2015, at the location of Gwangju D 101 and Seo-gu Ebud 205 in Gwangju, Seo-gu, Gwangju, C recruited people who are subject to advertising, and the Defendant provided one machine for literacy treatment, so as to be equipped with one string, excessive, and strings, etc., and used the above machine to provide the customers with 50 strawing procedure, such as selling and undermining the chest on their chest and undermining the body and receiving the amount of money for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. C Legal statement;

1. Statement made by the police (11th page of investigation records) on April 10, 2016 to F;

1. Protocol of seizure and list of seizure (150 pages of investigation records);

1. Investigation report (F's photographic photo of gramographing procedure), investigation report (suspect C, a publicity notice on the North Korean page);

1. Application of the Acts and subordinate statutes of photograph of seized articles (153 pages of investigation records);

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant criminal facts, Article 27 (1) of the Medical Service Act, and Article 30 of the Criminal Act (the occupation of unlicensed medical practice, including, but not limited to, an imprisonment without prison labor and the concurrent imposition of fines);

1. Article 53, Article 55, Article 55, Article 55, Article 55, 5, 5, 5, and 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to 15 years, and a fine of 500,000 won to five million won;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of the two types (business non-licensed medical practice) (decision on the area of recommendation], the basic area [the scope of the recommended punishment] from June to three years.

3. The non-licensed medical practices of the defendant sentenced to sentence shall be the blood transfusion for many victims;

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