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(영문) 서울동부지방법원 2016.11.08 2016고단2990
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 16:00 on August 15, 2016, the Defendant, at the Defendant’s house located in Gwangjin-gu Seoul Special Metropolitan City, invadedd the D’s lusium that appeals the lusium at the Defendant’s house, extracted the skin using the vesium and received KRW 10,000 as the medical expenses, and received KRW 10,00 for the treatment expenses from the middle of January 2010 to August 17, 2016, the Defendant received 5,000 won to the patients each time, and 15 patients who were averaged in the month.

Accordingly, the defendant was engaged in medical practice for profit-making purposes by a person who is not a herb doctor.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement to D, G, H, I, and J;

1. A list of seizure and a protocol of seizure;

1. Application of Acts and subordinate statutes to photographs;

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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1)

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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