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(영문) 인천지방법원 부천지원 2014.10.24 2014고단2231
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

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 the business of oriental medical treatment for profit.

Nevertheless, around 10:30 on August 26, 2014, the Defendant received KRW 10,00 from Gyeyang-gu Incheon Metropolitan City B Apartment 202, which is a residential area, from C and received KRW 10,00,00 from March 26, 2012 to August 26, 2014, and received KRW 10,00 per capita (average 300,00 won per month) in return for setting knee, flad, flad, flad, and flad, etc. against many unspecified customers in the above residential area.

Accordingly, even if the defendant is not an oriental medical doctor, he was engaged in medical practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the records of seizure, list of seized articles, and Acts and subordinate statutes;

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, choice of limited imprisonment, and concurrent imposition of fines;

1. Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Act for discretionary mitigation (all circumstances, including the confession of and reflect on a criminal conduct, and the primary charge);

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 (Discretionary Reasons for Discretionary Mitigation);

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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