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(영문) 서울동부지방법원 2015.11.25 2015고단2425
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of KRW 1,000,00.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice.

Around June 22, 2015, the Defendant, even if he is not an oriental medical doctor, provided treatment by having the Defendant’s house located in Songpa-gu Seoul and 101, equipped with disinfection drugs, oriental medicine policies, etc., and was found in order to receive knee-comcing treatment, such as being in W’s spine, knee, knee-face on the left side kne-face, and received KRW 10,00 from D as medical treatment expenses. From March 2, 2015 to July 10, 2015, the Defendant provided two patients with treatment expenses, such as being covered by the average of two patients per day.

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. Defendant's legal statement;

1. Photographs at the time of crackdown;

1. Application of Acts and subordinate statutes to the investigation report (the currency of the photographic presenter);

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment or Imprisonment with prison labor);

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) of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of recommendation] The basic area (1 year and six months to three years) of the type 2 (businessless Unlicensed Medical Practice) (1 year and six months) (2 years) of the Criminal Procedure Act of the provisional payment order is the defendant's criminal records having been punished two times for the same kind of criminal records, but all of them have been punished in

In addition, all circumstances, such as the age and health conditions of the defendant, the profits and period of the crime, and the fact that the defendant is willing not to repeat the crime, shall be considered.

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