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(영문) 수원지방법원 여주지원 2016.12.20 2016고단1168
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

[criminal record] The defendant was sentenced to a fine of KRW 500,000 as a violation of the Medical Service Act at the credit branch of Suwon District Court on August 30, 1999, and on April 12, 2005, the same court was sentenced to a fine of KRW 2 million as a violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operator) and one year of imprisonment, and two years of suspended execution. From around 1970, the defendant operated an oriental medicine bank with the trade name "D" from Innju City City, and was sentenced to a total of three times of punishment for non-licensed medical practice.

【Criminal Facts】

At around 09:30 on May 16, 2013, the Defendant diagnosed the symptoms of E, which were found to be a saly drum, and 10 on both sides of the ship and the bridge, and received 20,000 won in return.

In February 2016, the Defendant: (a) diagnosed the symptoms of F, which were found to be a shoulder pain; and (b) 10,000 won in the head, neck, and shoulder shoulder; (c) performed a medical act by means of blood transfusion and locating out the skin, and preparing herb drugs; and (d) received 520,000 won in consideration thereof.

In addition, the Defendant diagnosed the symptoms of the patients visiting Korea from May 16, 2013 to July 15, 2016, when operating the D Oriental Medicine, and received medical expenses from the Defendant, after having diagnosed the symptoms of the patients visiting Korea.

As a result, the defendant is not a herb doctor for profit-making purposes, but a limited-term medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. G statements;

1. Seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (illegal dynamic image, etc. attached), a criminal investigation report (a copy of a set of articles seized), and a criminal investigation report (a statement by a patient, etc.);

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 (mainly, since it is a business crime), Article 5 of the Act on Special Measures for the Control of Public Health Crimes;

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

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