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(영문) 의정부지방법원 고양지원 2017.04.13 2016고단3827
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall engage in medical practice, and engage in medical practice for profit-making purposes.

Notwithstanding the fact that the Defendant is not a medical person, the Defendant: (a) around July 1, 2016: (b) around July 1, 2016: (c) around 205 of Mapo-gu Seoul building C; (d) collected 160,00 won for surgery; and (e) collected climine anesthesia and climine anesthesia marine marine marine marine marine marine mare at the eyebrow; and (e) anesthesia by reflecting climine mar marine on the lower part of the skin of the skin and the upper part of the skin; (b) received 160,000 won for surgery from March 28, 2016 to July 28, 2016; and (c) received 360,000 won for surgery as described above; and (d) received 360,000 won for surgery as a total of 30,000 won for surgery.

Accordingly, even if the defendant is not a medical person, the defendant was engaged in medical practice for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of an investigation report (a suspect E's bad faith and sales details of fakes 45); a statement of sales status; and a copy of a sales ledger;

1. Application of the Acts and subordinate statutes concerning seizure and evidence;

1. Relevant Article 5(1) of the Act on Special Measures for the Control of elective Public Health Crimes; Article 27(1) of the Medical Service Act (generally, imprisonment with prison labor);

1. Articles 53 and 55 (1) 3 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, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment / [the scope of illegal medical practice] / [the mitigated area (one year to two years) / the mitigated area (one year to six months] / the medical practice itself is objective.

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