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(영문) 인천지방법원 부천지원 2014.12.10 2014고단2870
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of ten thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Around July 2014, the Defendant, even though he is not an oriental medical doctor, was equipped with a single-use medical device, such as a variety of intrusions, clothes guidance paper, disinfection container, alcohol for disinfection, and plastic vinyl, etc., he/she prepared approximately 10,00 won for a month, and received approximately 60,000 won as a price for the preparation of two oriental medicines on a bluri, shoulder, bridge, etc. for which he/she received approximately 10,00 won from around July 201 to July 2014, and raised an average of about 10,000 won per month from around 20,000 won per month from around July 201 to around July 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of the police statement of D (tentative name) and E;

1. A written statement;

1. Records of seizure and the list of seizure;

1. Search site and photographs of seized articles;

1. Herb and official diagnosis photographs sold by the defendant;

1. Return on the results of inquiries about the acquisition of licenses for health and medical services personnel;

1. Application of Acts and subordinate statutes concerning report on internal investigation (whether medical institutions are reported to establish addresses of suspects);

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (generally, choice of limited imprisonment and concurrent imposition of fines);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed repeatedly by the defendant, even though the defendant did not obtain the qualification of a regular oriental medical doctor, and the current medical system and licensing system are denied. The defendant has already been sentenced to suspended sentence and fine for the same offense even though he had already been sentenced for the same criminal offense.

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