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(영문) 대구지방법원 영덕지원 2016.06.01 2016고정20
의료법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has no medical license to perform medical practice.

Nevertheless, around 10:00 on March 2, 2016, the Defendant provided with water guidelines, portable dynamics, side-going pumps, side-going cups, etc. at his own house located in Ulsan-gun B, Ulsan-do, and provided non-licensed medical practice such as 10,000 won in cash in return for the Defendant’s medical practice of discharging blood out of the body by asking for an open part and symptoms against C who found one’s house.

Summary of Evidence

Article 87(1)2 of the Act and the main sentence of Article 27(1) of the Medical Service Act (the selection of fines) concerning criminal facts subject to the application of the law as to the police’s protocol of seizure (voluntary submission) against Defendant 3’s legal statement C, and the crime of this case on the grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order under Article 48(1)1 of the Act on the Confiscation of Criminal Procedure under Article 48(1)2 of the Criminal Act, which is the criminal act of this case, is a criminal act without a license of the Defendant in light of the content and duration of the crime.

Although the defendant had been sentenced to suspension of indictment due to the same crime, he/she also reaches the crime of this case.

However, considering favorable circumstances, such as the fact that the defendant acknowledges and reflects all of the crimes, the fact that the gains acquired by the crime are deemed not to be significant, the fact that the defendant is in Grade 1 visual disorder, etc., the punishment as ordered shall be determined by considering all of the following factors, including the defendant's age, sex, family environment, motive and background of the crime, means and consequence, and the circumstances after the crime.

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