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(영문) 대구지방법원 2012.11.29 2012고단426
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

1. Defendant A shall be punished by imprisonment for a year and six months, and a fine of three thousand won or more;

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

1. A person who is not a medical person for the purpose of criminal defendant A shall not engage in medical practice as his business;

Nevertheless, on August 7, 2010, the Defendant: (a) at the Gusst room located in Daegu-gu, Daegu-gu, 2010, the Defendant provided H with 2.50,000 won in return for h's eyebrow and received h's eyebrow in return; and (b) from January 3, 2006 to April 14, 201, the Defendant provided 83 times in total using eye, part anesthesias, drugs, and door-credit machinery, etc., and received 25,865,00 won in total.

Accordingly, the defendant was not a doctor but a medical practice for profit-making purposes.

2. No person, other than the defendant B, shall perform medical practice;

Nevertheless, on October 21, 2010, the Defendant: (a) injected her hand, etc. in Daegu-gu Itel 301 and caused treatment due to side effects; (b) injected her hand, etc. of J(Y, 62 years of age) and carried out treatment by means of inleting her hand.

Accordingly, the defendant was not a medical person but a medical person.

Summary of Evidence

[Fact 1]

1. Defendant A’s legal statement

1. Each police statement to J and K;

1. Each police seizure report (the fact of Article 2 at the time of sale);

1. Legal statement of the witness J;

1. Application of the Acts and subordinate statutes governing witness A's partial statement;

1. Defendant A of the pertinent Act on Special Measures for the Control of Public Health Crimes: 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 (Concurrent Imposition of Imprisonment and Fines): Article 87 (1) 2 of the Medical Service Act and Article 27 (1) of the same Act;

1. Discretionary mitigation (Defendant A) Articles 53 and 55 (1) 3 and 6 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant A);

1. Confiscation (Defendant A) Article 48(1)1 of the Criminal Act

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