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(영문) 부산지방법원 2015.10.15 2015고단4912

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant

A Imprisonment with prison labor of one year and fine of 5,000,000 won, and Defendant B shall be punished by fine of 1,000,000 won, respectively.

The Defendants are the defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates an influence plant with no trade name in 307 of the Busanjin-gu G Building.

On February 16, 2013, the Defendant, without a herb doctor’s license, provided oriental medical tools, such as a medical bed and a low-frequency stimulation, etc., and received KRW 20,000 from H’s shoulders, etc., which was found to be used for the therapy, and received KRW 20,00 for medical treatment expenses. From January 30, 2013 to November 29, 2014, the Defendant engaged in medical treatment for 78 persons in total, such as the list of crimes, with an annual average of KRW 50,00,000, as shown in the list of crimes.

2. Defendant B, without a herb doctor’s license, provided oriental medical treatment services, such as setting aside an intrusion at the bed hospital as described in paragraph (1), I, etc., on March 9, 2015, around 14:00.

Summary of Evidence

1. Defendants’ legal statement

1. Each police officer's statement of J, K, L, and M;

1. Police seizure records;

1. Details of currency and membership cards;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 4, 10, 13, 17, 18, 20 through 25 of the evidence list);

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes and A: Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes, and Article 27 of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines): Article 87 (1) 2 and Article 27 (1) of the Medical Service Act;

1. Mitigation of discretionary measures (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter referred to as the following circumstances favorable to the defendant among the reasons for sentencing);

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

1. Confiscation (Defendant A) Article 48 (1) 1 of the Criminal Act;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter referred to as the "Defendant A") (the scope of recommendations) (the scope of punishment] the mitigated area (one year to two years) (one year and six months) (the special mitigation) (the medical act itself) of the mitigated area (one year to two years and six months) (the decision of sentence) in a case where the medical act itself is objectively dangerous or treatment effect (the decision of sentence).