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(영문) 광주지방법원 순천지원 2019.07.04 2019고단483

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and a fine of two million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

Nevertheless, from February 1, 2018 to July 7, 2018, the Defendant treated D’s face Mabrop Mabrop Baba, and performed the above D’s face face part using bed and low-frequency senscacacacacacacacacaca, and received 8.3 million won from D under the name of treatment, treated E’s arms and shoulder pain, treated E’s mambacacacacacacacacacaca, and received 1.16 million won from E to 1.1 million won as the name of treatment for profit-making purposes, and received 1.1 million won from E to an oriental medicine doctor as the business of oriental medicine.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Statement of the police statement of E;

1. A copy of each specification of transactions, family relation certificate, and a copy of each specification of transactions;

1. Low-frequency stimulic photo;

1. Application of Acts and subordinate statutes to report internal investigation (to attach photographs suitable to the face of the petitioner and to the part of the wood);

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes (Article 5 of the Act on Special Measures for the Control of Public Health Crimes and Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Probation under Article 62-2 of the Criminal Act;

1. In light of the form of the Defendant’s medical practice on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the risk therefrom, and the period of the crime, the liability for the crime is not easy.

The defendant has a record of being sentenced to suspension of indictment for the same crime.

However, the defendant's mistake is recognized and reflected, and medical care is requested even though the defendant is aware that he is not a medical person.

Among the treatment subjects, there was a presentation of the intention of non-existence of punishment in consultation with D.

The period and time of other crimes.