logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2017.09.07 2017고단2000
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

No person, other than an oriental medical doctor, shall engage in a business of oriental medical treatment for profit.

Despite the fact that the Defendant was not an oriental medical doctor, the Defendant performed oriental medical treatment for profit by setting 20,00 won for the purpose of the medical treatment, such as setting aside the body from March 2017 to May 2017 to the 108th day of Ansan-si member B B lending 108 and C, and receiving 20,000 won for the purpose of the medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Field control photographs;

1. Application of Acts and subordinate statutes to a report on investigation (verification of the payment of relative fees to a witness D);

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act, inclusive, with respect to facts constituting an offense;

1. Reduction of a small amount of punishment (with respect to imprisonment) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / [the grounds for sentencing under Article 334(1) of the Criminal Procedure Act / [the scope of recommendations] / None of the basic areas (one year and six months to three years) (the person who is subject to special sentencing] / [the sentence decision] 2009, but the defendant has a record of being punished for the same offense is disadvantageous to the defendant.

However, in light of favorable circumstances, such as the fact that the Defendant recognized his mistake and reflects, and the fact that there is no patient whose health was infringed due to the instant crime, and that the period of the Defendant committed the instant crime is relatively short, the sentence such as the order shall be determined in consideration of the overall sentencing conditions stipulated in Article 51 of the Criminal Act.

arrow