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(영문) 서울서부지방법원 2014.05.16 2014고단168
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of 2,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On December 31, 2006, the Defendant provided a total of KRW 700,000 after committing an oriental medical act as to D 35 times from around around that time, on the following grounds: (a) the Defendant: (b) performed an oriental medical act in a manner of bed 35 times during the period from around 2007 to January 31, 207; and (c) was provided with approximately KRW 70,000,00,000, when he met with the ships, etc. of customers who were found to be hick and hick; and (b) was leeped with their hairs, hairs, lights, etc.; and (d) was placed on a bridge, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. The police seizure record and the list of seizure;

1. A medical certificate and a written result of autopsy;

1. Application of Acts and subordinate statutes to a report of investigation (specific relation to date and time of crime);

1. Article 5 of the former Act on Special Measures for the Control of Public Health Crimes (amended by Act No. 8356 of Apr. 11, 2007); Article 25 of the former Medical Service Act (amended by Act No. 8203 of Apr. 4, 2007)

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

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

1. Article 62 (1) of the Criminal Act;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Scope of Recommendation] The basic area (one year and six months to three years) of Type 2 (Business Unlicensed Medical Practice) (the decision of sentence] of the Criminal Procedure Act, despite the fact that the defendant had been punished for the same kind of crime, again committed the crime in this case. However, although the defendant had the record of being punished for the same kind of crime, it seems that the defendant recognized the crime in this case and divided the defendant, and that the defendant's profits gained from the crime in this case are not significant, the punishment as the order shall be determined by taking into account all the conditions of sentencing such as the circumstances leading to the crime in this case, age, character

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