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(영문) 서울남부지방법원 2015.03.18 2014고단4818
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment with prison labor for a year and six months and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From July 1, 2012, the Defendant is a person who, from around July 1, 2012, has facilities of approximately 30 square meters in Yeongdeungpo-gu Seoul Metropolitan Government, such as five bed, five bed, erosion, and yellow dust, and operates a similar medical business under the trade name of “D.”

At around September 20, 2014, the Defendant received 50,000 won per hour and 10 minutes per medical treatment from the above E under the pretext that it is difficult for the Defendant to walk from the E who was placed in the place of business after being introduced by her doctor, and consulted about the symptoms that it is difficult to walk out with her her her brier frier frier, and the blood must be returned to the end of the her hair.

In addition, from the end of December 2012 to November 8, 2014, the Defendant provided three unspecified customers with the above-mentioned oriental medical treatment and received monthly income of KRW 1.5 million from around the end of December 2012.

Accordingly, even though the defendant is not a herb doctor, the defendant was engaged in oriental medicine for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement of E;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs and photographs of places of business);

1. Subparagraph 3 of Article 5 of the Act on Special Measures for the Control of Public Health Crimes; Article 27 of the Medical Service Act;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendation] : The basic area (1 year and six months to three years) (1 year and six years) of the basic area (1 year and six months to three years) (3 years) of the Criminal Procedure Act (a special person] [a decision of sentence] is favorable to the defendant that there is no special criminal history.

The period of crime is long and there are many business revenues.

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