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(영문) 청주지방법원 영동지원 2015.10.29 2015고단86

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person, other than an oriental medical doctor, who violates the Act on Special Measures for the Control of Public Health Crimes, shall engage in the business of oriental medical treatment;

Even if the Defendant is not an oriental medical doctor, the Defendant left a flooding of about 5cm in length on the part of the Defendant’s residence in Guro-gu Seoul Metropolitan Government C Apartment 1, 106 from around April 2013 to around April 2013, and found out as symptoms of the cokeing and bodying his coin, and received approximately 3 to 40,000 won in cash.

B. On March 12, 2012, even if the Defendant is not an oriental medical doctor, the Defendant left several times to the Defendant’s residence in the above C with a shoulder pain, and was paid KRW 20,000 in cash in return for which the length cannot be known on both shoulder parts of E, which was found by a shoulder pain.

C. On July 2014, 2014, the Defendant, even if not an oriental medical doctor, left the Defendant’s residence in the Hancheon-gun F, Chungcheongnamcheon-gun, which was found in the Defendant’s house, with a ludial certificate, several times, and received KRW 20,000 in cash on G’s ludial part.

At around 11:00 on August 5, 2014, the Defendant, even if he is not an oriental medical doctor, she laid down approximately 5 cm in length on both H’s neck that was found in F’s residence, with disc symptoms, and on both shoulder parts, and received 30,000 won in cash.

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

2. At around 11:00 on August 5, 2014, the Defendant injured by occupational negligence: (a) around 11:00, at the Defendant’s residence in the above F, the victim H (year 71) who found the Defendant’s symptoms with a hard disc symptoms, and (b) above both shoulder parts, the Defendant 5cm the length of about 7cm, such as paragraph (d) of Article 1.

As above, if a intrusion occurs, it can be caused by contact with the long-term of the recipient of the procedure, so the defendant has a duty of care to accurately grasp the location and the length of the closure and prevent the accident caused by brue in advance.

The defendant neglects to do so and has expert knowledge or experience in his life.