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(영문) 서울서부지방법원 2018.07.17 2018고단1437
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

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, and no medical person shall perform any medical practice other than that licensed.

Nevertheless, from January 2016 to March 2017, the Defendant: (a) provided a door-to-door procedure with the trade name “C” operated by the Defendant in Mapo-gu Seoul, Mapo-gu, and the second floor; (b) provided a gate-to-door procedure, such as 13,415,00 won in total, with a door-to-door procedure for 32 customers on the body part designated by customers who find it out at that place; and (c) provided a knife with a knife and a knife on the knife to the knife; and (d) provided a knife with a knife by inserting the knife to the knife part; and (d) received the 100,000 to 40,000 won in consideration of the shape and size of the knife.

Accordingly, the defendant was not a medical person, and was engaged in medical practice for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (in relation to attachment of a suspect's reflector), a criminal investigation report (in relation to the list of crimes committed in the course of illegal administering);

1. Application of Acts and subordinate statutes, such as written consultation for administration, certification of standards for value-added tax, document for other administration (referring to photographs), document for reporting value-added tax (referring to data for reference), crime sight (the current status of other administration), website (C), photo of a place of literacy treatment, and business registration certificate (C);

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant facts constituting an offense, Article 27 of the Medical Service Act (or both choice of a term imprisonment and a fine);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

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

1. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing criteria [the scope of the recommended punishment] and the mitigation area (one year to two years) of the mitigated area (one year to two years) (the special mitigated person] medical practice itself means an objective risk.

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