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(영문) 창원지방법원 통영지원 2018.04.26 2018고단233
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal records] On February 22, 2018, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for fraud, etc. at the Changwon District Court’s branch branch on February 22, 2018, and the judgment became final and conclusive on March 3, 2018.

[Criminal facts] The Defendant is an unqualified person as a doctor

No person who is not a doctor shall engage in medical practice as a business for profit.

Nevertheless, on September 13, 2017, the Defendant: (a) in the manner of inserting gate B of Ulsan-gu, Ulsan-gu, Seoul-si by means of cloud 204 to the skin using clouds, knife, knife, knife, etc.; (b) in the form of “use”, and received 2 million won in return, from that time to October 13, 2017, the Defendant, as indicated in the list of crimes in the attached Table, carried out medical practice for the purpose of profit-making by inserting four persons, including doctors and doctors.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, C, E, and F;

1. Police seizure records;

1. Each report on investigation;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment of judgment in relation to ex post concurrent crimes of a suspect);

1. Relevant Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (the occupation of a non-licensed medical practice business) and the selection of an organic imprisonment (the concurrent punishment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 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) and (2) of the Criminal Act on the suspension of execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the fact that the defendant for sentencing of Article 334(1) of the Criminal Procedure Act was sentenced to a fine for a violation of the Medical Service Act of the same kind, he/she again committed the instant crime, and the risk that the defendant’sless literacy practice may cause the risk, etc.

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