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(영문) 의정부지방법원 2014.05.20 2014고단829
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of five thousand won or more.

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

No person, other than medical personnel, shall engage in medical practice as a business for profit.

On August 2012, 2012, the Defendant, even if he is not a doctor, performed a oil improvement procedure by inserting the pen amount for the removal of the oil into the d's face to the oil base, and received 370,000 won in return. In addition, the Defendant, around August 2012, 2012, around December 5, 2012, and around June 22, 2013, performed a d's oil removal through injecting the pen amount, and received 10,000 won in return.

In addition, around August 20, 2012, the Defendant carried out a local decomposition procedure by using a dysium with a dysium on G’s distribution on August 20, 2012, and received KRW 100,000 as a consideration. In addition, around September 20, 2012, the Defendant provided G with a dysium removal procedure by injecting the dysium and received KRW 500,000 from G.

In addition, from July 2012 to June 2013, the Defendant engaged in approximately 40 medical practice for profit-making purposes even though he/she is not a medical personnel, by inserting about 10 persons who wish to administer medicine over about 40 times, and by raising about 1 million won the average monthly sales of approximately 1 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of each statute on filing of a complaint;

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Crimes, Article 27 of the Medical Service Act, choice of limited imprisonment and the concurrent imposition of fines;

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. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [decision of types] of illegal medical acts (decision of types] and the basic area [decision of the recommended area] / [decision of the recommended area] 1 year and six months to three years [general person] - prior consent of the patient.

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