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(영문) 수원지방법원 안산지원 2017.02.09 2016고단4599
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 who is not a doctor shall perform medical practice for profit.

The Defendant is a person who operates a health center under the trade name of “C” in the Gu of Ansan-si, and is not a doctor or a herb doctor.

On August 9, 2016, the Defendant, at around 11:30, performed an autopsy procedure on D et al., which had been equipped with the engine and found to be a customer, and received KRW 30,00 as a consideration, and received KRW 30,00 in return. On the same day, the Defendant covered a sprink on the part of his sprink, covered the sprink, and received KRW 50,00 from the 2014 to the above date, and received the sprinking procedure by 50,000, after receiving medical expenses from many unspecified customers during the period from the 2014 to the above date.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

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 suspended execution;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment / [the grounds for sentencing] / No person who does not have a basic area (one year to six years) (one year and six years) / [the person who is subject to special sentencing] / The decision of sentence / the defendant acknowledges and reflects his mistake / The defendant seems to have not actually infringed on the health due to the crime of this case, and the patient seems to have not actually suffered from the crime of this case, and the defendant has no particular criminal history, and the sentence like the order is ordered in consideration of favorable circumstances, such as the fact that there is no particular criminal history, and all the conditions for sentencing prescribed in

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