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(영문) 인천지방법원 2018.05.04 2018고단1505
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

The Defendant is an employee of the business establishment of a door-to-door surgery called “D” in Gyeyang-gu Incheon.

On May 2016, the Defendant, despite being not a doctor, kept two knife for the purpose of practice, three knife slots, three knife, three knife for the purpose of practice, and two hundred thousand won from the E which has been generated from the procedure of the procedure of the procedure of the sentence, and 80,000 won on each bridge of the Defendant, who has been equipped with a 20-meter increase in the length of 20 meters, carried out the procedure of the sentence by using a door machine with a knife in a knife, and then, carried out the procedure of the sentence by injecting the knife credit color.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to E;

1. Application of the Acts and subordinate statutes of literature photographs

1. Relevant 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 (joint imposition of imprisonment with labor for a period of time, and fines);

1. Article 53 and Article 55 (1) 3 and 6 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 on the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The basic area (one year and six months to three years) of the scope of the recommended punishment according to the sentencing criteria and the basic area of the two types (business-free medical practice);

2. Since a non-licensed medical practice, such as this case’s decision, is in danger of infringing the public health and public health, it is necessary to strictize it.

The defendant seems to have continued to practice without a license for a considerable period of time.

The Defendant committed the instant crime during the suspended execution period due to the violation of the National Sports Promotion Act (the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the National Sports Promotion Act at the Incheon District Court on April 1, 2015, and the judgment became final and conclusive on April 9, 2015). However, the Defendant appears to have led to the confession of the crime and against the mistake.

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