보건범죄단속에관한특별조치법위반(부정의료업자)
Defendant shall be punished by imprisonment for a year and six months, and a fine of 3,000,000 won.
The defendant does not pay the above fine.
Punishment of the crime
No person who is not a doctor shall engage in medical practice as a business for profit.
From early March 2010 to February 26, 2013, the Defendant operated D in Yongsan-gu Seoul and the third floor of Yongsan-gu Seoul, Seoul, and had students receive KRW 80,000 won per month, and had students take part in practice by taking part in croffics that corrected and treat the bones of human body by hand, and by taking part in the location, method, etc. in emergency situations, and had students take part in practice under the direction and control of the Defendant.
Accordingly, the defendant was engaged in medical practice for profit-making purposes even though he was not a doctor.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Each statement of F, G, H, I, J, K, L, M, or N;
1. Application of Acts and subordinate statutes to the detection and report of violations of the Medical Service Act, the name of business registration certificate, the order of car-fluorial practice, and the field photography
1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent imposition of fines by selecting imprisonment for a limited term);
1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. Application of the sentencing criteria (determination of type) - illegal medical acts such as food and health care, medical acts without a license (determination of the recommended field) - basic area - one year and six months from June to three years;
2. Determination of sentence is against the defendant, and the defendant immediately closes down his business after crackdown, the profits earned by the crime of this case are not significant, and the defendant's age, character and conduct, and environment are considered in light of all the sentencing conditions indicated in this case.