보건범죄단속에관한특별조치법위반(부정의료업자)등
Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
1. No person, other than a medical person, who violates the Act on Special Measures for the Control of Public Health Crimes (or an illegal medical person), shall perform medical practice for profit;
Around January 2017, the Defendant, even if not an oriental medical doctor, performed oriental medical treatment in a manner of extracting blood transfusions from the side, such as the clothes of patients E and the flachi, on the part of the Seo-gu Incheon, Seo-gu, Incheon at the end of January, 2017, and received KRW 20,000 from around that time to March 18, 2017 in the same manner at the same place, and received KRW 140,00 won in total as the name of medical treatment.
Accordingly, the Defendant, even though he is not an oriental medical doctor, provided oriental medical treatment for profit.
2. No business operator, etc. and his/her employees shall sell any product or food, the distribution deadline of which has expired, in order to manage sanitation and maintain order in business, and promote national health and sanitation;
Nevertheless, around February 1, 2017, around 17:00, the Defendant sold F’s “G” products to the above E in DaB 202 of Dong-gu Incheon, Seo-gu, Incheon, to KRW 125,000, until November 6, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Statement protocol by the police for E;
1. Photographss of the food purchased by the victim E, cellular phone text, etc. of the victim E, physical photographs of the victim E, and food photographs provided for inspection by the victim E;
1. Application of Acts and subordinate statutes on a copy of passbook;
1. Relevant Article 5 of the Act on Special Measures for the Control of Preliminary Health Crimes, Article 5 subparagraph 3 of the Act on Special Measures for the Control of Preliminary Health Crimes, Article 27 (1) of the Medical Service Act, and choice of imprisonment for a limited term
1. Article 53, Article 55, Article 55, Article 55, Article 55, 5, 5, 5, and 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);
1. The Criminal Procedure Act of the Provisional Payment Order.