보건범죄단속에관한특별조치법위반(부정의료업자)
Defendant shall be punished by imprisonment for a year and six months and by a fine of KRW 1,000,00.
The defendant does not pay the above fine.
Punishment of the crime
At around 12:30 on August 2, 2013, the Defendant, even if he is not an oriental medical doctor, conducted a medical examination of D Hanwon located in Seocho-gu Seoul Metropolitan Government for the treatment of kneoman pain, conducted a medical examination of E, and received KRW 10,00,000 from Mari-ri, etc., and received KRW 10,00 as medical expenses. From January 2, 2013 to June 25, 2013, the Defendant provided two medical care rooms at the above oriental medical clinic, including 2,00 won, and 6,000,000 won per day, and received KRW 5,000,000 per person, and received KRW 3 million per day.
As a result, the Defendant committed oriental medical treatment for the purpose of profit-making even though he is not an oriental medical doctor.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E;
1. All on-site photographs;
1. Application of Acts and subordinate statutes to investigation reports (Evidence List 9);
1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes; Article 27 (1) of the Medical Service Act;
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. The reason for sentencing under Article 62(1) of the Criminal Act (the decision of a suspended sentence) of the Act on the Suspension of Execution (the decision of a sentence) is that illegal medical acts such as food and health care [the scope of recommendation] one year and six months - three years - [the decision of a sentence] unfavorable: The defendant is not a herb doctor but a herb doctor, or that the crime is not less light in light of the period, size, profit, etc. of non-licensed medical acts; although a herb doctor is not an oriental medical doctor, he seems to have obtained a heavy doctor after studying the middle medicine in China; there is no previous conviction exceeding the amount of fine (the fine is 30,00 won as a violation of the Military Service Act around 1982), and there is no criminal conviction exceeding the amount of fine (the fine is 30,000 won as a violation of the Military Service Act). In addition, the sentence shall be determined in consideration of all the sentencing factors shown in the records, such as the defendant's occupation