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(영문) 춘천지방법원 속초지원 2015.09.16 2015고단315

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than an oriental medical doctor, shall engage in oriental medical treatment as a business for profit.

Notwithstanding that a defendant is not an oriental medical doctor, he/she shall start on April 2014 and start on the same year.

6. Until the end, from March 20, 2013 to May 29, 2015, the Defendant’s residence in Gangwon-gun, was scare kne through a kneoman’s room and face-to-face red bed, was feled with E who complained of inconvenience due to the red scare on the part of the Defendant’s house located in Gangwon-gun, used a part-to-face on the part of the Plaintiff’s house and deducted the skin, and prepared herb drugs that can be taken into use for three months, and received a total of KRW 1,40,000 from March 20, 2013 to May 29, 2015 as indicated in the attached list of crimes, and received KRW 17,340,000 in total as medical treatment expenses.

Accordingly, even if the defendant is not an oriental medical doctor, the defendant was engaged in oriental medical treatments for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements and written certifications;

1. Macks, human tissue limits, detailed statement of transactions of ordinary deposits, detailed statement of transactions, and copies of suspect joints;

1. Each protocol of seizure and the list of seizure;

1. On-site photographs and photographs;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of Relevant Crimes and Public Health Crimes; Article 27 (1) of the Medical Service Act (Selection of Imprisonment and Imposition of Fine concurrently);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances 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) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

1. Article 48 (1) 2 and (2) of the Criminal Act;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order [the scope of recommending punishment].