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(영문) 전주지방법원 정읍지원 2016.09.29 2016고단327
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for two years and by a fine of 8,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall provide medical services, and no person, other than a oriental medical doctor, shall provide oriental medical services as a business for profit.

Nevertheless, Defendant 1 is a religious person who kills the national religion called “D” in Jeong-Eup Si, Jung-gu, and was equipped with medical equipment such as dump, fest, herb materials, packaging machines, and spaws at the above place on July 30, 201, and diagnosed the state of hump after investigating and reporting hump and diagnosing the state of hump, and, in return, he/she received 750,000 won from the above E in return for the prescription and preparation of herb drugs and received 750,000 won from October 1, 2002 to March 14, 2016, he/she received 537 patients total of 1,068 times, such as the list of crimes in the annexed list of crimes, and received 37,710,000 won in return for the examination and diagnosis of the state of hump.

Accordingly, even if the Defendant is not a licensed herb doctor, the Defendant was engaged in oriental medicine for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to F, G, E, H, I, and J;

1. Each protocol of seizure and the list of seizure;

1. Each photograph;

1. Details of account transactions, and data of account CIF immediately before depositing into a national bank in the name of A;

1. Investigation report (Verification of telephone conversations between a depositee of a national bank account in the A name);

1. Application of Acts and subordinate statutes to confirm whether a person is suspected of having obtained a license for herb doctor A or herb doctor license;

1. Relevant Article 5 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (a comprehensive imprisonment, choice of organic imprisonment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Unlicensed medical practices committed by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, which cause confusion in the medical system strictly managed by the State, and are erroneous medical treatments or drug abuse.

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