보건범죄단속에관한특별조치법위반(부정의료업자)
A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.
When the defendant does not pay the above fine.
Punishment of the crime
No person other than a medical person shall perform medical practice.
Nevertheless, on July 15, 2012, the Defendant: (a) performed a medical practice to the patients; (b) performed a blood test in a way that confirms the mixed deposit of the above blood with knife; (c) performed a knife treatment by exposing the knife against the patients with knife at the “E” office located in the Nam-gu Seoul Metropolitan Government D3rd floor; (d) performed a knife treatment by sticking three knife to the F; and (e) performed a knife treatment against the F in such a way as above.
The Defendant operated the aforesaid “E” office from May 2, 2010 to April 12, 2013, and sold a total amount of KRW 40 million to patients, such as liquid tea, etc., while running his/her business, and operated the business to treat the said F in return for the medical treatment of the said F.
8.5. & 8. The same year
8. 25. 3 times on 25.3 occasions, the F requires the F to purchase each of the boxes of "Masch Rexroth 3G", the equivalent of KRW 170,000,00, and the F to purchase each of these boxes under the name of the F in lieu of the treatment costs.
As a result, the defendant was engaged in oriental medicine for profit-making purposes by a person other than oriental medicine doctors.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement concerning F;
1. Application of Acts and subordinate statutes on seizure records;
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 (Joint Imposition of Imprisonment and Fines);
1. Article 53, Article 55 (1) 3, and 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do329, Apr. 1,
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Suspension of execution shall be considered in light of the above circumstances under Article 62(1) of the Criminal Act, and suspension of execution, taking into account the fact that there was one-time electric force.