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(영문) 수원지방법원 안양지원 2012.12.12 2012고단1362
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 a medical person shall perform medical practice.

Despite the fact that the Defendant is not a medical person, the Defendant installed 1 bed and 700,000 won from June 201 to March 201, 201, on the 3rd floor of the B apartment building in Chungcheongnam-gun, Chungcheongnam-gun, and installed 10,00 won for the purpose of medical practice. On December 20, 201, at around 20:0, the Defendant received a request from C to write down to the left arms from the said place, and on December 27, 2011, received 70,000 won as the cost of medical practice from the said place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Records of seizure and the list;

1. Application of the relevant Acts and subordinate statutes to field photographs and seized articles (in relation to shot, intrusion theft tobacco, 322 to 325 pages of investigation records);

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 (Concurrent Imposition of Imprisonment or Imprisonment with prison labor);

1. Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Jun. 1, 201);

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

1. Article 62 (1) and (2) of the Criminal Act (the same conditions as the above shall be repeatedly considered);

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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