(영문) 서울동부지방법원 2009. 8. 6. 선고 2008고단2785 판결[보건범죄단속에관한특별조치법위반(부정의료업자)·의료법위반][미간행]
Defendant 1 and three others
Beneficiary and Beneficiary
Law Firm Wald, Attorneys Park Tae-tae et al.
Defendant 1 shall be punished by imprisonment for a year and six months and by a fine of 7,00,000 won, by imprisonment for a year and a fine of 3,00,000 won, and by imprisonment for a year and a fine of 3,00,000 won, and by imprisonment for a year and a fine of 1,00,000, respectively.
In the event that the Defendants did not pay the above fines, the Defendants shall be confined in each Labor House for a period of 50,000 won converted into one day.
However, the execution of each of the above penalties shall be suspended for three years for Defendant 1, and for two years for Defendant 3 and 4 from the date this judgment became final and conclusive.
Seized evidence 1, 2, 3, 5 through 35 shall be confiscated from Defendant 1.
To order the Defendants to pay an amount equivalent to the above fines.
To order Defendant 1 to be put on probation for two years.
Defendant 1, as the representative of Nonindicted Company 1, ○○ Cancer Institute, called “K-1” or “K-14”, etc. Defendant 2, as the children of Defendant 1, instructed the patient to receive, provide guidance, and measure blood pressure and body weight, etc., Defendant 3, as the wife of Defendant 1, manufactured medicines such as “K-1” or “K-14”, which are non-certified products with various medicinal materials, and Defendant 4 conducted a measurement of blood pressure, etc. of the patients. Defendant 2 was sentenced by the Seoul Western District Court on July 8, 2004 to a violation of the Act on the Control of Narcotics, etc. (fence) at the Seoul Western District Court on March 15, 2005 and completed the execution of the sentence from the previous prison on March 15, 2005.
1. From October 2006 to June 14, 2008, the Defendants conspired to prescribe the name “K-1”, “K-2”, “K-3”, “K-7”, “K-9”, “K-9”, “K-10,” and “K-10” of the medicine that was manufactured by a non-profit-making method after checking and diagnosing the Cheongmanmang to the patients suffering from the office of the ○○ Cancer Research Institute of Nonindicted Co. 1, located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, Seoul, for the purpose of medical practice as shown in attached Table 1, such as preparing a clinical log and receiving the subscription fees and medical expenses.
2. During the period from March 12, 2006 to July 17, 2008, the Defendants conspired to examine and diagnose the incurable disease, etc. at the office of the ○○ Cancer Research Institute of Nonindicted Co. 1, 1, located in Gangdong-gu, Gangdong-gu, Seoul, for patients suffering from the ○○ Cancer Research Center of Nonindicted Co. 1, located in Gangdong-gu, Seoul, and conducted medical practice with respect to the total 24 persons, as shown in attached Table 2, including the name of medicine, “K-1,” “K-2,” “K-3,” “K-4,” “K-6,” “K-7,” “K-9,” “K-11,” and “K-14,” and prepared clinical days.
1. Defendants’ respective legal statements
1. Each legal statement of the witness Nonindicted 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11
1. Each police statement on Nonindicted 6, 7, 8, 2, 3, 4, 5, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 9, 27, 28, 29, 30, and 31
1. Each protocol of seizure and the list of seizure;
1. A criminal investigation report (in addition to the victim Nonindicted 8’s medical certificate and a confirmation of release from confinement);
1. Previous convictions: Criminal records;
1. Article applicable to criminal facts;
Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act, Article 30 of the Criminal Act (a business engaged in medical practice for profit-making purposes) Article 87 (1) 2, Article 27 (1) of the Medical Service Act, Article 30 of the Criminal Act (a business engaged in medical practice for profit-making purposes)
1. Aggravation for repeated crimes;
Defendant 2: the proviso of Article 35 and Article 42 of the Criminal Act
1. Aggravation for concurrent crimes;
Defendant 1, 3, and 4: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act
Defendant 2: the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act
1. Discretionary mitigation;
Defendants: Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Articles 53 and 55(1)3 of the Criminal Act)
1. Detention in a workhouse;
Defendants: Articles 70 and 69(2) of the Criminal Act
1. Suspension of execution;
Defendant 1, 3, and 4: Article 62(1) of the Criminal Act
1. Probation;
Defendant 1: Article 62-2 of the Criminal Act
1. Confiscation;
Defendant 1: Article 48(1)1 of the Criminal Act
1. Order of provisional payment;
Defendants: Article 334(1) of the Criminal Procedure Act
It is so decided as per Disposition for the above reasons.
【Crime Disturbing Table】
Judges Magras