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(영문) 창원지방법원 통영지원 2018.06.14 2018고단311
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates a private teaching institute under the trade name called 'E' from D 3rd floor at Dong Young-si.

Only one doctor shall not engage in the business of oriental medical treatment for profit.

Nevertheless, at the above “E” around May 2017 without a herb doctor’s license, the Defendant: (a) laid off the above F from a bend to a bend; (b) laid down the Plaintiff’s body in a bend; (c) laid down the F’s hand, leg, pelvis, etc.; (d) prescribed one-month dental treatment from the refunded herb; and (c) received KRW 2,00,000,00 as medical treatment expenses from the above F around May 10, 2017; and (d) received KRW 2,00,000 as the medical treatment expenses from June 2, 2016 to May 10, 2017; and (e) received the sum of seven times in total, such as the list of crimes in the attached Table, from the point of June 2, 2016 to the point of May 10, 2017; and (e) took care of the body of the Plaintiff’s body to open, and received the aggregate of KRW 30.

Therefore, although the defendant is not an oriental medical doctor, the defendant was engaged in medical practice for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A detailed statement of deposit transactions;

1. The Kakao Stockholm text;

1. A copy of each health consultation record;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (the occupation of a non-licensed medical practice business) and the selection of an organic imprisonment (the concurrent punishment);

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) and (2) of the Criminal Act on the suspension of execution;

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

1. In light of the risk, etc. that the Defendant’s act of oriental medical treatment may lead to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the liability for the crime of the instant case is not somewhat weak.

(b).

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