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(영문) 인천지방법원 2014.05.09 2014노385
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts and misunderstanding of legal principles did not allow a person who received an invasion to bring money into an office, and the money voluntarily paid by a person who received an invasion was used as an office operating expenses, the Defendant did not engage in oriental medicine for profit-making purposes.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts and misapprehension of legal principles, "for profit" under Article 5 of the Act on Special Measures for the Control of Public Health Crimes refers to the purpose of widely obtaining economic benefits, and there is no need for a person who conducts an unlicensed medical practice to be consistent with the person to whom such economic benefits accrue or the person

(See Supreme Court Decision 2003Do2903 Decided September 5, 2003). The following circumstances acknowledged by evidence duly admitted and investigated by the court below and the trial court (see Supreme Court Decision 2003Do2903, Sept. 5, 2003) : ① on January 10, 2013, a woman who appears to be a member of a D organization represented by the defendant among CD images i.e., "on the part of the defendant's office" in the immediately right side of the defendant's office: "on the part of the defendant's office, the defendant is going to serve while attending the office; on the part of the defendant's office, it is necessary to pay rent; on the other hand, electricity and gas cost are not paid; on the other hand, it is difficult to do so; on the other hand, at around 14:32:77 of the same day, the defendant's office "at least 14:37 of the same day, the defendant's office is an organization with no money from 2 D.

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