208 Highest 3678 Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers)

A (60 years of birth, remaining) and representatives of boating and savings;

Kim Jong-hun

September 23, 2008

Defendant shall be punished by imprisonment with prison labor for one year and by a fine of 1,00,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of 50,000 won into one day.

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

Seized evidence referred to in subparagraphs 1 through 3 shall be confiscated.

Criminal facts

Defendant,

1. At around April 26, 2007, the Defendant’s apartment located in the Busan Blue apartment in order to treat B, in order to appeal the shoulder so that he/she can get the shoulder soften in the "W" apartment in his/her operation, he/she saws pressure and maths in a way that he/she sets the shoulder and fluor portion by using the finger and hand floor, and receives 20,000 won from his/her female, including around 17 times a month average from March 30, 2007 to November 4, 2007 and about 20,640,000 won per time, and receives approximately two hundred,640,000 won in total, each time of medical practice as above, and receives approximately twenty thousand,00 won per time;

2. In order to expand the sexual organ of C at the same place as a policeman at early December 2006, 2006, the Defendant received KRW 10,000 from the Defendant on two occasions in his sexual spher sexual spons part of his sexual spons, and received approximately 10,000,000 from July 20, 207, on an average of about 10 times a month from that time to July 20, 200, and KRW 370,000 in total by receiving approximately an average of KRW 5,00 per time, and received approximately KRW 5,00,000 in total for profit-making medical practice or herb medical practice, notwithstanding the fact that it is not a doctor or herb doctor.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Joint Imposition of Imprisonment and Fines)

2. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act ( normal circumstances shall be taken into consideration, such as the fact that there is no criminal record of the same kind and the suspension of execution or more, the confession of a crime and the misunderstanding of the mistake, and the fact that the victim has agreed smoothly with the victim of side effects)

3. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

4. Suspension of execution;

Article 62(1) of the Criminal Act (Calculation of the previous normal conditions)

5. Confiscation;

It is so decided as per Disposition for the reasons under Article 48 (1) 1 of the Criminal Act.

Judges Lao Young-gu