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(영문) 대구지방법원 2016.11.24 2016고단1837

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment for a term of two years and a fine of three thousand won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, who is engaged in the business of manufacturing and processing health foods with the trade name of "D" in Daegu-gun District Court, was not a herb doctor, for profit-making purposes, provided treatment from "D" around February 28, 2014 to "E (25 years old) suffering from chronic renal failure, and provided treatment by viewing progress, eye, face color, and face color with approximately 60 local herb drugs kept by the Defendant. After preparing medicine for about 72 hours due to the nature of approximately 60 local herb drugs stored by the Defendant, the Defendant would start a frody disease because of the lack of ice color and body condition, and completely recover from 10,000 won of oriental medicine, and 1 million won of oriental medicine is recovered from 30,000 won of oriental medicine, and 10,000 won of oriental medicine was recovered from 10,000 won of oriental medicine. The Defendant provided treatment to 30,000 won of oriental medicine, and 10,000 won of oriental medicine."

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. A remittance statement;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 3 of the Act on Special Measures for the Selective Punishment of Crimes, Article 27 (1) of the Medical Service Act and the selection of limited imprisonment (Concurrent Imposition of Fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following) [the scope of recommendation] Illegal Medical Act and the basic area (a year to June 3) (a year to a person without business license) (a special person] (a decision to punish a sentence] unfavorable to the defendant: A criminal defendant has been committed two times in violation of the Medical Service Act.

The favorable circumstances: The defendant is going against the late.

E desires to obtain the preference against the defendant by mutual consent with the defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and results thereof, and circumstances after the crime, etc.