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(영문) 수원지방법원 안양지원 2016.09.23 2016고단1187
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

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.

Nevertheless, during the period of 14:00 on June 2, 2016, the Defendant: (a) provided e-mail surgery and received 1.50,000 won for the purpose of profit-making in return for providing e-mail treatment by providing flocks in the 4th floor of the Gu C building with glocks according to glocks; and (b) providing glocks in the color room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing eyebrow photographs;

1. Relevant 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 (joint imposition of imprisonment with labor for a period of time, and fines);

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) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of the recommendations given in the sentencing guidelines] - The mitigated area of Type 2 (Business Unlicensed Practice without Permission) (one year to two years) (the Special mitigated area): Where the medical practice itself is objectively less dangerous [the decision of sentence] - Where the defendant recognizes a criminal act and there is no record of criminal punishment by the defendant.

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