logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2017.02.15 2016고단1226
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, at around 10:30 on December 8, 2016, the Defendant, at the home of the Defendant, located in Jinju City C and 2, equipped with implements such as bed and alcoholic species, etc., and was found to be customers at the same time, received 5,000 won from D and E, and performed bed on the leg side, etc. of the said customers from around 2009 to the time when he received 5,00 won medical expenses per person from many unspecified customers.

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. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each written statement of D and E;

1. Application of each existing Act and subordinate statute in two copies of seized invasions and bed (proof No. 1), two copies of alcohol (proof No. 2), one copy of alcoholic evasions (proof No. 3), one copy of discarded bed (proof No. 4);

1. Relevant Article 5 subparag. 3 of the Act on Special Measures for the Control of elective Public Health Crimes, the main sentence of Article 27 subparag. 1 of the Medical Service Act, and the sentence of imprisonment with prison labor, and the imposition of fines concurrently;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

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

1. In light of the fact that the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) appears to be reasonable for a considerable period of time, the Defendant’s criminal liability is not against the law.

However, it is advantageous to the defendant, such as the fact that the defendant reflects his own crime, that the defendant does not seem to have concealed his non-licensed facts to the patients, and that the defendant does not seem to have committed the crime of this case by active advertising, and that there is no criminal history against the defendant.

arrow