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(영문) 대전지방법원 천안지원 2018.04.19 2017고단3003

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. Although a person, other than one doctor who violated the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Entities), was prohibited from engaging in oriental medical treatment for profit, the Defendant, without a license of an oriental medical doctor, engaged in oriental medical treatment as follows.

A. On December 2015, the Defendant: (a) around Pyeongtaek-si’s residence in Pyeongtaek-si; (b) performed a beeing procedure by setting 10 to the right knee part of D; and (c) received KRW 50,000.

B. On May 2017, the Defendant: (a) performed 30,000 won by setting 15 erosions on the F’s head, f’s f’s hair, f’s hair, hair, and bridge, etc. in the E apartment of Asia-si; and (b) received 30,000 won.

(c)

On July 22, 2017, the Defendant, at the beauty art room of the trade name “H” operated by Pyeongtaek-si G and 102(1) (1st floor), performed c0,000 won by putting up several parts of I’s head, arms, descendants, legs, slopings, etc., and received KRW 30,00 won.

(d)

On August 5, 2017, at around 10:20, the Defendant received KRW 30,00 from two customers, including J, respectively, at the beauty art room, and the Defendant committed an oriental medical act, such as checking and seeing the knife of hand and knife the knife, after putting the knife on the floor to be invaded by J.

Accordingly, the defendant was engaged in oriental medicine for profit-making purposes.

2. A quasi-indecent act: (a) around July 22, 2017, the Defendant forced the victim to commit an indecent act by putting several times to resist the victim’s hair, arms, knife, knife, knife, knife, and pele, etc.; (b) put the victim’s knife into the victim’s knife knife’s knife, knife, knife, and knife the victim’s chest, knife the victim’s knife, knife,

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to I, J and D;

1. A report on internal investigation (Attachment to photographs at the time of field control);

1. Application of Acts and subordinate statutes to report internal investigation (for victim F)

1. Relevant Article of the Act concerning facts constituting an offense and the Special Measures against the Control of elective Health Crimes;