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(영문) 부산지방법원 2015.09.17 2015고단3982
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

On January 1, 2015, the Defendant, without obtaining a license for medical practice, performed a literacy procedure by inserting the words “sperper-loak” and “sper-loak” in the shape of a small anchor pattern inside a string and inside the arms, using a string system, such as a string machine, controlling machine, boom, and knick, etc., from E visiting the scene within the D operated by the Defendant on the south-gu Busan Metropolitan City C3rd level without obtaining a license for medical practice.

In addition, the Defendant, from the above date and time to March 31, 2015, performed grammology as above over 12 times in total, as shown in the attached list of crimes.

Accordingly, even if the defendant is not a medical person, the defendant was engaged in medical practice for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Each e-mail protocol against I, J, K, L, E, M, N, andO;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 4, 5, 12, 27, 28, 29 of the evidence list);

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 (Concurrent Imposition of Imprisonment and Fines);

1. Mitigation of discretionary mitigations under Articles 53, 55(1)3 and 6 of the Criminal Act (The following circumstances considered in favor of the accused among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. Article 48 (1) of the Criminal Act of confiscation;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] The mitigated area (one year to two years and six months) of the mitigated area (one year to two years) (the special mitigation) [the case where the medical act itself is objectively dangerous or treatment effect (the case where the defendant's decision on the sentence] is the primary offender, and most of the cases where the medical act itself is objectively less objectively dangerous, and correspondence.

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