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(영문) 수원지방법원 2014.09.25 2014고합428
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Even if the Defendant was not a doctor of violation of the Act on Special Measures for the Control of Public Health Crimes, from June 9, 2013 to July 14, 2014, the Defendant carried out operation by means of spreading the 30,000 won per time for the 30 minutes of the patient’s c and 2nd D correction center to appeal for spine diseases, etc. using the c and c and diversological method against the patients suffering from spine diseases, etc. using the c and diversological method, and by dividing the patient’s c and divers for about 30 minutes by hand against the patients suffering from the disease.

Therefore, although the defendant is not a doctor, the defendant was engaged in medical practice for profit.

2. Although a person, other than a medical corporation, medical institution, or medical person, who violated the Medical Service Act, was unable to place an advertisement on medical treatment, the Defendant placed an advertisement on the medical treatment by putting the banner, stating “Dratium divers to spine,” on the outer wall of the second floor of the above building on July 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to the report on the result of the disposition and confirmation;

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 1 of the Act on Special Measures for the Control of Specific Crimes, Article 27 of the Medical Service Act (the occupation of medical advertisements and the selection of fines), Articles 89 and 56 (1) of the Medical Service Act (the occupation of medical advertisements and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes by fines prescribed by the Act on Special Measures for the Control of Public Health Crimes which are heavier than punishment] among concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The range of applicable sentences: Imprisonment for one year to 15 years, fine of 1 million won to 15 million won. 2.0 million won.

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