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(영문) 서울북부지방법원 2013.10.31 2013고단1519

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 10:00 on May 27, 2013, the Defendant: (a) prepared an autopsy and a secondary port in the Defendant’s residence in Dongdaemun-gu Seoul, Dongdaemun-gu; (b) complained of the heart on the shoulder, leg, etc.; (c) received KRW 2,000 from D who found this place; and (d) provided treatment by means of a sub-paragraph that gets back back to a sub-port and cut back the skin; and (d) provided treatment on May 29, 2013; and (e) provided treatment to D in the same manner at the same place from April 2013 to May 31, 2013; and (e) provided treatment to four patients without a disease at the same place.

As a result, the Defendant committed oriental medical treatment for the purpose of profit-making even though he is not an oriental medical doctor.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on resident registration;

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of Relevant Crimes and Public Health Crimes; Article 27 (1) of the Medical Service Act (Joint Imposition of Imprisonment and Fines);

1. Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Act for discretionary mitigation (it shall be taken into account all the circumstances, such as the fact that the period for committing an offense is not long, and the treatment is an incidental procedure with relatively less danger);

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

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;