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(영문) 창원지방법원 2017.06.28 2017고단494
의료법위반
Text

Defendant

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

Defendant

B does not pay the above fine.

Reasons

Criminal facts

Defendant

A is a person who performs work at a street light inspection company, Defendant B is a member of G church in F of the window of Changwon-si, and H is a member of the said G church.

No person, other than a medical person licensed by the Minister of Health and Welfare, shall conduct medical practice.

In doing so, the Defendants conspired with H, using the knowledge that Defendant A had knowledge of the water guidelines, water quality, main and main navigation, etc., Defendant A was able to perform the medical practice in one room, such as direct water guidelines, water quality, and main navigation, Defendant B provided cultural halls within the above G church, and H intended to perform the disinfection of water supply bedclothes.

Accordingly, on August 29, 2016, Defendant A examined the progress of I within the above G church, and then the complaint and the ledger shall be inside.

It should be deducted because there is a blurine.

” 라며 쑥뜸 및 수지침 치료를 행한 것을 비롯하여 2014. 12. 경부터 2016. 8. 29. 경까지 총 128 여명을 상대로 한방 의료행위를 하였다.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement of a witness I;

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant A;

1. A protocol concerning the examination of suspect of a part of H by the prosecution;

1. Each police statement made against J, K and L;

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

1. Application of Acts and subordinate statutes to investigation reports (a list entered in a counseling and treatment card for seized articles);

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 87(1)2 and 27(1) of the Medical Service Act, Article 30 of the Criminal Act

1. Defendant A who has selected the punishment: Defendant B who has chosen the punishment by imprisonment; and

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A who has been suspended from execution: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing specified below);

1. Defendant A: The reason for sentencing under Article 48(1) of the Criminal Act is that the defendants in depth repent and reflects the wrongness; there are some circumstances to consider the motive and circumstance leading to the instant crime; and Defendant B is the primary offender.

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