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(영문) 인천지방법원 2020.09.18 2020고단4336
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of five million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall conduct medical practice, and no person shall conduct medical practice for profit-making purposes, and the defendant is an unqualified person for medical practice.

1. From Jun. 2012 to Jul. 2018, the Defendant: (a) laid down his/her house at the Defendant’s residence in Seo-gu, Incheon; (b) laid down his/her blood pressure four times each month against the patient C who complained of his/her pains; (c) received KRW 30,000 to 40,000 each time; (d) laid down his/her bed; and (e) received KRW 50,000 from Jul. 14, 2012 to the national bank account in the name of the Defendant; and (e) received KRW 50,000 in return, after setting aside his/her bed and her bed with his/her blood pressure four times each month; and (e) received KRW 50,000 in cash from August 4, 2018.

2. On March 15, 2016, the Defendant: (a) around March 15, 2016, given that he/she was forced to her spouse D who complained of the He/she’s residence; and (b) received in return, KRW 1.2 million from the national bank account under the name of the Defendant.

3. The Defendant, at the residence of the above Defendant during the second half of the 2012 period, put the bee into a chro in order to treat the completion period of the above C’s E, and received 30,000 won in cash in return.

Accordingly, although the defendant is not an oriental medical doctor for profit, the defendant was engaged in oriental medical treatment as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement;

1. Application of each statute on deposit details;

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 (Concurrent Imposition of Imprisonment and Fines);

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

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 (limited to imprisonment);

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

1. One to fifteen years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a)types;

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