When the defendant does not pay the above fine.

No person, other than an oriental medical doctor, shall engage in oriental medical services as a business for profit.

피고인은 2014. 2. 24.경 경남 창녕군 D에 있는 피고인의 집에서 침, 쑥뜸, 알코올, 양초 등을 갖추어 놓고 치료를 받기 위해 찾아온 E의 목에 침과 뜸을 놓아주고 5,000원을 받은 것을 비롯하여 2014. 1. 1.경부터 2014. 2. 24.경까지 하루 평균 4~5명을 치료해주고 1일 평균 3만원을 받았다.

Accordingly, even if the defendant is not an oriental medical doctor, the defendant was engaged in oriental medical treatments for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Records of seizure and the list of seizure;

1. A copy of qualification certificate;

1. Application of statutes on site photographs;

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of elective Crimes, Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 of the Medical Service Act (Generally, Selection of Imprisonment and Necessary Imposition of Fine);

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. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. In light of the number of patients administered by the defendant without being entitled to be affected by the evidence revealed prior to the determination of the defendant's lawful act of defense counsel under Article 334 (1) of the Criminal Procedure Act, and profits from such act, etc., it cannot be deemed that the defendant's act of treating the defendant's act of suffering from harm to human life, body, or health and sanitation. Moreover, it cannot be deemed that the defendant's act of seeking profit constitutes an act permissible in light of the overall legal order including the Medical Service Act or social norms.

Therefore, the defense counsel's above assertion is not accepted.