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(영문) 수원지방법원 평택지원 2017.04.13 2016고단1956

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around March 2016, the Defendant violated the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operators) (hereinafter “Non-Medical Business Operators”) conducted cel operations by reducing approximately three minutes of 3 minutes of knee in the Defendant’s house located in Pyeongtaek-si C, by taking advantage of the Defendant’s double arms, etc., hump, hump, hume, hume, hume, hume, hume, and left knee in return.

In addition, from around 2011 to June 201, the Defendant, as indicated in the list of crimes in the attached Table, performed cryptic treatment against D, E, F, and G, and received the expenses for cryptic treatment.

As a result, the defendant was engaged in oriental medicine for profit-making purposes by a person other than oriental medicine doctors.

2. The Defendant was deprived of his occupational injury on the date and time set forth in paragraph (1) of this Article, and on the left side of the victim D at the place set out in paragraph (1) of this Article.

In this case, there was a duty of care to obtain an oriental medical doctor's license in performing oriental medical treatment, to accurately grasp the state of victims, to examine what appropriate treatment is, to explain the side effects caused by the treatment, and to prevent abnormal dysatum in the course of the treatment.

Nevertheless, the Defendant neglected to do so and did not have an oriental medical doctor's license, but did so to the left-hand knee (return of the victim's artificial kneeng surgery). The Defendant suffered injury, such as knee-fe-fee-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe-fe

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written complaint and petition filed by D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5 subparag. 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 subparag. 1 of the Medical Service Act (the occupation of unlicensed medical practice, the choice of abandonment, the concurrent imposition of fines), Article 268 of the Criminal Act (the occupation of occupational and practical work, and the punishment of imprisonment without prison labor).