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(영문) 서울고등법원 2015.12.10 2015노2412
보건범죄단속에관한특별조치법위반(부정의료업자)방조
Text

All judgment of the first instance court shall be reversed.

Defendant

A shall be punished by imprisonment for six months and by a fine of 2.5 million won.

Defendant

A above.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. Since there was no perception and acceptance of the act of the violation of the Act on Special Measures for the Control of Public Health Crimes by E, a principal offender of the crime of violation of the Act on Special Measures for the Control of Public Health Crimes against the Defendants, there is an error of law by misunderstanding the facts in the judgment of the first instance that punished the Defendants as the aided

B. The court below erred by misapprehending the legal principles as to the act of allowing participants in education to take charge of salt on their own as medical practice, which affected the conclusion of the judgment of the court of first instance.

C. The sentence sentenced by the first instance court of unfair sentencing (Defendant A: 2 years of suspended sentence on October, 2.5 million won of fine, Defendant B’s suspended sentence on June, 2 years of suspended sentence, and fine of one million won of fine) is too unreasonable.

2. Judgment on the grounds of appeal by the Defendants

A. Although the summary of the facts charged is not a medical person, D and E, other than a medical person, operated the F Co., Ltd. F (hereinafter “F”) that spreads natural healing, etc. along with “GH meeting,” the said church or F’s Internet homepage (I), etc., detained terminal cancer patients, patients suffering from incurable illness, etc., and had the mind to conduct a camp education called “natural healing education”.

E around October 15, 2014, after renting the “Kpent” in the Chungcheongnam-siJ from that time with the main equipment, etc. equipped, and from that time until October 24, 2014, for about 20 participants, such as L, etc. participating in the “natural healing Education” during nine (10) days from that time to September 24, 2014, “the high pressure, height, hepatitis, liver salt, etc. shall be treated only with water and salt and with a view to taking in salt through the port door,” and “M also received education, and died of salt while continuing to undergo education, it will have taken the rubber straw on one of them into the place of salt and enter it as a salt.”

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