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(영문) 창원지방법원 마산지원 2014.04.29 2014고단305

보건범죄단속에관한특별조치법위반(부정의료업자)

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

On September 30, 2013, the Defendant: (a) around 11:30 on September 30, 2013, at the Defendant’s house located in Changwon-si Masan apartment operation 1605; (b) laid the blood on a bridge and a bridge, laid down the bridge on a bridge, and received 15,000 won as a consideration from the Plaintiff’s house using a bridge inhaler and a blood organ, and received 15,00 won as a consideration. From December 201, 201 to December 2013, the Defendant provided the patients suffering from the location with the blood transfusion and a skin, etc., and received money and other valuables in return, and acquired profits equivalent to KRW 200,000 per month.

As a result, the defendant was not an oriental medical doctor but an oriental medical doctor for profit.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Records of seizure and the list of seizure;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 3 of the Act on Special Measures for the Selective Punishment, Article 27 (1) of the Medical Service Act, and Selection of limited imprisonment (Concurrent Imposition of Fines);

1. Article 53, Article 55 (1) 3, and 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006);

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

1. Article 62 (1) of the Criminal Act (Discretionary Consideration for Reasons for Discretionary Mitigation);

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