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(영문) 춘천지방법원 2015.09.24 2015고단754

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

1. The defendant shall be punished by imprisonment for one year and a fine of 5,000,000 won; and

2. The defendant does not pay the above fine;

Reasons

Punishment of the crime

1. No person, other than an oriental medical doctor, who violates the Act on Special Measures for the Control of Public Health Crimes, shall engage in oriental medical practice for profit;

Despite the fact that the Defendant is not an oriental medical doctor, from July 22, 2010 to February 24, 2012, the Defendant provided oriental medical treatment, such as side-going treatment, to E, from the Kacbook room located in Seongbuk-gu, Sungnam-si, and from the lac room of the sports clothing store in Chuncheon-si, approximately 42 times, and received KRW 500,000 from E.

In addition, from July 22, 2010 to March 26, 2015, the Defendant engaged in oriental medical treatment for 68 persons in the same manner as indicated in the list of crimes, and engaged in oriental medical treatment for profit.

2. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act shall sell or acquire medicines for the purpose of sale;

From February 2, 2015 to March 2015, the Defendant, despite the fact that a pharmacy founder is not a pharmacy owner, sold the Hague in KRW 30,00,000 to F, which is an empty blood therapy, twice, and acquired for the purpose of selling 9 gamblings and 8 gamblings, which are the Hague 9.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Investigation report (on-site list of patients);

1. A criminal investigation report (in cases of attaching, etc. a field photograph), and field photograph;

1. Each police interrogation protocol concerning G and F;

1. Written statements of H, I, J, K, and L;

1. A report on investigation (Attachment to photographs of seized articles), and a photograph of seized articles;

1. The police statement of M;

1. Investigation report (verification, etc. of entries in pocketbooks which are seized objects);

1. Application of Acts and subordinate statutes to the suspect examination protocol of G and F by the prosecution;

1. Article 5 subparag. 3 of the Act on Special Measures for the Control of elective Public Health Crimes; Article 27(1) of the Medical Service Act (a) of the Medical Service Act; Article 93(1)7, and Article 44(1) of the Pharmaceutical Affairs Act (a) of the same Act; Article 93(1) of the same Act (as a matter of medicine sales; a matter of comprehensive punishment), Articles 93(1)7, and 44 of the Pharmaceutical Affairs Act.