보건범죄단속에관한특별조치법위반(부정의료업자)
Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.
If the above fine is not paid, 100,000 won.
Punishment of the crime
No person other than a medical person shall perform medical practice.
On March 27, 2017, the Defendant received KRW 400,000 in return for the preparation of medicinal herbs, i.e., 10,000,000,000 for the following: (a) around 3, 2017, the Hanbro sales store for the Defendant’s operation in Busan Dong-gu, Busan; (b) the patient E who complained of hepatitis was 10,000,000,000 won in return for the preparation of medicinal herbss; and (c) on April 27, 2017, the Defendant was 40,000,000 won in return for the preparation of medicinal herbss after being able to prepare herbs.
As a result, the defendant is not a herb doctor for profit-making purposes, but a limited-term medical practice.
Summary of Evidence
1. The application of each of the legal statements of the witness E and F (the legal statements of the witness from the investigative agency to the court, consistency of the witness from the investigative agency to the court, compatibility of the witness among the witnesses, the circumstance of the accusation of the witness E, etc., each of the above witnesses’ respective legal statements are credibility as they are considered as evidence of guilt).
1. Relevant Article 5 subparag. 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 subparag. 1 of the Medical Service Act, and the choice of imprisonment for a limited term (Concurrent punishment);
2. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;
3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.
4. Article 62 (1) and (2) of the Criminal Act on the suspension of execution.
5. In light of the risk, etc. that the Defendant’s act of oriental medical treatment may lead to the sentencing of Article 334(1) of the Criminal Procedure Act, the liability for the instant crime is not weak.
However, in consideration of the fact that there is no criminal history, the number or degree of medical practice, etc., the execution of imprisonment shall be suspended, but a separate community service should not be ordered in consideration of the fact that the defendant is a physical disability 2.
In addition to the above circumstances, the defendant's age, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc. shall be recorded and recorded.