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(영문) 서울남부지방법원 2015.09.18 2015고단2554
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for two years and by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

Notwithstanding that the Defendant was not a medical person due to the lack of a medical license, on January 26, 2015, the Defendant received KRW 100,000 in return for the crypt removal procedure at his/her own residence of Yangcheon-gu Seoul Metropolitan Government D Apartment, and performed a crypt removal procedure using an anesthesia machine on the right side of E (e.g., 53 years of age) and performed a crypt removal procedure using the anesthesia machine. From around January 26, 2009 to January 26, 2015, the Defendant conducted a total of 83 times as shown in the list of crimes in the attached Table, and received the total of KRW 6,10,000 in return.

Accordingly, the defendant was engaged in medical practice for profit-making purposes even though he was not a doctor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A medical certificate of injury, and photographs of each upper part of the body;

1. Records of seizure and the list of seizure;

1. On-site photographs and seized objects;

1. Each investigation report (Classification of prescription drugs, counter-investigation into the sale of medical instruments, and investigation into the counter-party of the person administered);

1. A criminal investigation report (Submission of a bankbook copy), and a copy of passbook;

1. A report on investigation, a statement of the F Company, and the president of the transaction;

1. Investigation report (any other investigation of a manufacturer of Raying treatment machinery);

1. Application of Acts and subordinate statutes to investigation reports (the counter-investigation of the cost of imposition byG);

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 (generally, choice of limited imprisonment and concurrent imposition of fines);

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

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

1. Probation under Article 62-2 of the Criminal Act;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] and the sentence that there is no basic area (one year and six months to three years) (one year and six years).

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