A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Punishment of the crime

On January 19, 2012, the Defendant sentenced the Seoul Central District Court to imprisonment with prison labor of one year and a fine of 3,000,000 won due to a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operators) and a crime of bodily injury caused by occupational negligence, which became final and conclusive on January 27, 2012.

On February 2, 2012, the Defendant: (a) at the “EMD 3rd floor in Gwanak-gu, Seoul Special Metropolitan City, the Defendant: (b) asked the patient F (the 20-year-old-old-old-year-old-old-old-old-old-gu) about the state, period, etc.; (c) provided medical practice by using the method of cutting the inside of the said F to the 30,000 won in the name of treatment; and (d) received 30,000 won in the name of treatment from the end of April 2013; and (c) received 30,000 won per day from the patient in the name of medical expenses or treatment.

Accordingly, the defendant was engaged in medical practice for profit-making purposes even though he was not a doctor.

Summary of Evidence

1. Defendant's legal statement;

1. A president of the F;

1. Police officers and prosecutor's protocol of statement concerning F;

1. Statement of F in the police interrogation protocol of the accused;

1. An inquiry report, such as a criminal history;

1. Domestic and external photographs of the correctional institute (on-site photographing photographs);

1. A criminal investigation report (Attachment of cases of the same kind of suspect);

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements of victims);

1. Article 5 of the Act on Special Measures for the Control of Relevant Crimes and Public Health Crimes, Article 27 (1) of the Medical Service Act (Selection of Imprisonment or Imprisonment);

1. Discretionary mitigation of punishment under Articles 53 and 55 (1) 3 of the Criminal Act (with respect to imprisonment for limited term, taking into account the fact that the criminal defendant commits a mistake in committing himself/herself);

1. Reasons for the sentencing of Articles 70 and 69(2) of the Criminal Act for the detention in the workhouse [the scope of recommending punishment] from one year to two years (the special mitigation is “a crime committed at the patient’s affirmative demand under the circumstances where treatment in the current medical science is extremely difficult,” and the Defendant’s decision to sentence [the case where “the person who committed the crime at the patient’s affirmative demand” is considered as a general mitigation];