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(영문) 수원지방법원 2013.04.17 2012고단6415
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the business of literacy treatment in Suwon-gu C and 3rd floor D without a medical license.

1. Despite the fact that no person is a medical person, other than a medical person (unlawful medical person) who violates the Act on Special Measures for the Control of Public Health Crimes, the Defendant, from around September 2012 to December 11, 2012, provided that, for the purpose of profit-making, the Defendant: (a) provided a pre-contract in the above D; and (b) provided a license for medical practice in a manner that, by inserting the knife to the knife end of the knife by inserting the knife at the end of the knife and inserting the knife at the end of the knife, the Defendant provided a pre-contract in the above D with a total of KRW 400,000 won per procedure, and received a total of KRW 100,000 per knife with a knife and then took business profits.

2. Although a person, other than a medical person, etc. violating the Medical Service Act, was unable to advertise medical treatment, the Defendant posted 62 copies of his/her fingers, light, and his/her fingers photo on the Internet homepage (E) for the purpose of attracting many customers to D from August 201 to December 11, 2012.

Accordingly, the Defendant, not medical personnel, advertised medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Police seizure records;

1. Application of the relevant Acts and subordinate statutes, such as a written petition, investigation report (D website), and control site photograph;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (the occupation of unlicensed medical practice, the choice of limited imprisonment, and the concurrent imposition of fines), inclusive, and Articles 89 and 56 (1) of the Medical Service Act (the occupation of medical advertisement and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of imprisonment with labor which is heavier than the punishment and is the sum of the long-term punishments for two crimes in violation of the Act on Special Measures for the Control of Public Health Crimes;

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