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(영문) 창원지방법원 2017.10.13 2015고단409
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Criminal facts

The defendant is a person without a doctor's license to conduct a sex surgery.

1. On February 27, 2005, the Defendant received 300,000,000 won from Jinju-si Officetel Dtel 303 and E upon receipt of a request to set up a coin from E, and upon receipt of a request to set up a coin, E’s coin to injecting it using an industrial practical container, and received 30,000 won from E.

2. At the time and place set forth in paragraph 1, the Defendant received F’s request from F to cause two or more disputes between the entry and coin, and F’s entry and coination with the use of the injection device for industrial use, and received KRW 500,000 from F.

3. On September 2007, the Defendant received KRW 13,300,00 from May 2007 to October 17, 2009 as indicated in the annexed crime sight table, and carried out a sex surgery on nine occasions in total, including the following: (a) the Defendant, at the H house located in Hacheon-si G; (b) the Defendant, at one’s chests by injecting the cliloger’s chests with the climatic devices; and (c) the Defendant, upon receiving KRW 3,00,000 from around September 2007 to around October 17, 2009, received KRW 13,330,00 as the expenses for the surgery.

4. On August 5, 2013, the Defendant performed a face-type procedure by injecting 50,000 won from L in the K room located in the Mayang-siJ on August 5, 2013, and inserting filters with an injection device into the face.

In this respect, the defendant was engaged in medical practice with no doctor for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol on E, I, M, H, N, or L;

1. An EM AIL protocol for theO;

1. A P statement;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act concerning facts constituting an offense;

1. Article 53, Article 55, Article 55, Article 55, Article 55, 5, 5, 5, and 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing);

1. The defendant's error in sentencing of Articles 70(1) and 69(2) of the Criminal Act, which are the grounds of detention in a workhouse, is depth.

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