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(영문) 수원지방법원 2016.03.16 2015고단5784
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant shall be punished by imprisonment for one year and by a fine of 1,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Despite the fact that the Defendant is not a medical person, even from May 1, 2015 to September 1, 2015, the Defendant was in violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operator) in violation of the Act on Special Measures, the Defendant established a waiting room, a treatment room, and provided medical treatment to the patients who find the said place of business, and had the patients lying the patient into the bend in the bend in the bend in the treatment room, such as the patient’s neck, shoulder, shoulder, etc., and pressure the patient’s neck by hand, and then 30,000 won were paid from each patient for medical treatment.

Therefore, even though the defendant is not a medical person, the defendant was engaged in medical practice for profit.

2. The Defendant violated the Medical Service Act: (a) from May 1, 2015 to September 1, 2015, the instant “D” was neighboring; (b) under the title of “D” operated by the Defendant on the wall, etc. of electric poles and housing, the Defendant is a specialized care shop with which he/she may receive a full number of professionals and spine correction concurrently.

Along with the method of attaching a leaflet containing words, such as “patch, shoulder, hatch, hatch, and hatch hatch,” “specialized hatch, which may be accompanied by spine correction,” “hatch, hatch, hatch, hatch, hatch, hatch, hatch, hatch, hatch, hatch growth, and hatch hat,” the advertisement was made regarding medical treatment, even if it is not a medical person.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Legal statement of witness E;

1. A written accusation;

1. Application of Acts and subordinate statutes to the field and treatment photographs;

1. Relevant Article 5 subparag. 3 of the Act on Special Measures for the Control of Preliminary Health Crimes, Article 27 subparag. 1 of the Medical Service Act (the occupation of an unqualified medical practice, the choice of an organic imprisonment, the concurrent imposition of fines), Articles 89 and 56(1) of the Medical Service Act (the occupation of advertisements concerning unqualified medical treatment, the choice of imprisonment, etc.).

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