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(영문) 수원지방법원 안양지원 2016.04.26 2015고단1611
보건범죄단속에관한특별조치법위반(부정의료업자)
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

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

On August 28, 2014, around 14:00, the Defendant, even if he is not a doctor, applied subparagraph 4 of the Matel 4 of the Mayang-gu Mayang-si, Annyang-gu, Synyang-si, using electric appliances and electrical appliances for literacy treatment, and on the part of the skin, added up the “finite” door to E, added up the “finite” pattern to F, and received compensation of KRW 2.10,00 in total.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to F and E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a new photograph);

1. 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 concerning facts constituting an offense;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of punishment on the sentencing guidelines] - The mitigated area of Type 2 (Business Unlicensed Practice) (Business Unlicensed Practice) (Special mitigated Person: Where the medical practice itself objectively pose a risk or treatment effect (the decision of sentence): Where the defendant acknowledges and reflects his/her wrong, and the victim’s correspondence is written at the victim’s request, and there seems to have been no adverse effects on the victim; the defendant was sentenced to a suspended sentence for one year on April 8, 2014 and the judgment was finalized on April 16, 2014; and the crime of this case was repeated during the suspended sentence period of approximately 4 months.

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