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(영문) 부산지방법원 2016.09.08 2016고단3342
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Despite the fact that the Defendant was not an oriental medical doctor, at around 14:00 on December 26, 2015, the Defendant provided medical treatment to the “D” located in the Geumcheon-gu Busan Metropolitan Government for urology, blood circulation disorder, and F, by diagnosing their symptoms and identifying the physical quality, and then received 90,000 won by mixing the medicinal herbs and food, such as the ridge between the land and the field, the field, the field, the field, the field, the bridge, the bridge, and the bridge. From February 12, 2015 to February 12, 2015, the Defendant provided medical treatment to the visitors at the above place in the above manner more than 13 times, as described in the list of crimes, and then provided a commercial medical treatment for the purpose of dispensing drugs equivalent to approximately 488,80,000 won in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement to G, H, I, and E;

1. Details of answers to the requests for appraisal, reports on requests for appraisal, mail pages, cards settlement, requests for appraisal, reports on requests for appraisal, and requests for verification as to whether herb drugs are used, and credit card settlement details;

1. Each protocol of seizure and each list of seizure;

1. Application of the laws and subordinate statutes to each investigation report (number 21, 30, 32);

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, and the selection of limited imprisonment (Concurrent imposition of fines);

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

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

1. A crime committed by a person, other than an oriental medical doctor for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, who diagnosed a patient and manufactures and sells herb drugs, in itself, is serious as the crime is likely to cause serious harm to the national health. In the case of the instant crime, the victim complaining of the damage actually occurred.

Nevertheless, annoyed, however, is against the defendant who attempts to keep itself consistent with a vindication and to reduce or avoid responsibility.

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