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(영문) 부산지방법원 2013.04.05 2012노3641
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 700,000.

The above fine shall be imposed on the defendant.

Reasons

1. According to the evidence submitted by the Prosecutor, the part of the facts charged in the instant case can be fully acknowledged. Thus, the judgment of the court below which acquitted the Defendant of the part of the facts charged in the instant case is erroneous in misunderstanding of facts, and further, the sentence of the court below (one year of suspended sentence for one year, two years of suspended sentence, and seven hundred thousand won of

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) on January 21, 201, the Defendant, without a doctor, conducted gymnasium Dobry at Busan Shipping Daegu C, and received 100,000 won for the purpose of pursuing gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium gymnasium

B. On the judgment of the lower court, the lower court found the Defendant guilty of this part of the charges on the ground that there is no evidence to support the fact that the Defendant, based on the evidence of the trial, received 100,000 won from D and provided 200,000 won for treatment, and received 200,000 won for treatment against D, and that he was guilty of this part of the charges, but the Defendant received 20,000 won for treatment of her child’s reflective body from D, and the Defendant was engaged in medical business for profit-making purposes from around August 14, 2012 to 50,000 won for treatment of her child from around August 14, 2012.

C. The following circumstances are acknowledged by the defendant's consent of the court below to admit the admissibility of evidence by the police interrogation protocol of the defendant, protocol of police statement of D about the defendant, protocol of police statement of D, etc.

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