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(영문) 대구지방법원 경주지원 2016.09.29 2016고단339
의료법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 10, 2015, the Defendant was issued a summary order of KRW 2 million due to a violation of the Medical Service Act in the Daegu District Court racing support.

【Medical person, other than a medical person, shall not conduct medical practice, and no medical person shall conduct medical practice other than that licensed.

Although the Defendant is not a herb doctor, at around January 27, 2016, around 14:30, at the house of the Defendant, 2nd 702 level C Apartment-si, Simkdong 2nd 702, the Defendant was receiving KRW 30,00 won from D who appeals knee-cos, and knife the knife in knife, and knife the knife.

In this respect, the defendant did not grant a license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. The total list of seized articles, accusation, fact-finding certificate, protocol of seizure, etc., and photograph of seized articles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (former and confirmation), and summary order ( Daegu District Court Decision 2015 High Court Decision 1929).

1. Relevant Article of the Act and Articles 87 (1) 2 and 27 (1) of the Medical Service Act concerning facts constituting an offense;

1. Article 62(1) of the Criminal Act on the stay of execution (a) of the Criminal Act that the defendant will not engage in any such non-licensed medical practice as his/her mistake is divided, and again he/she will do so;

Various extenuating circumstances, such as the fact that the situation is different, elderly and health conditions are not good.

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

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