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(영문) 대구지방법원 포항지원 2018.06.15 2018고단434
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a herb doctor, at around 14:00 on March 12, 2017, the Defendant: (a) sticked about 20,00 won from the above E under the name of the treatment expenses after he/she was engaged in an operation of the Defendant in south-gu, Seoul with approximately 14:0 on March 15, 2017, with approximately 20,000 won on the left hand part of the E that he/she used to carry out an operation with him/her on a cover of 1:0 on a cover of 11:0 on March 13, 2017; and (b) carried out an operation with a cover of 20,000 won on the part of the treatment expenses of the above E in the same manner as above; and (c) carried out an operation with a cover of 10 on March 10, 2017 by the same method as above D, and carried out an operation with a cover of the right part of it.

“In addition, 30,00 won was 20,00 won for the treatment expenses, on the upper right part of the original F, sticking 30 cleeps, sponsing spons, sponsing spons, and sponsing spons, etc.

Therefore, even though the defendant is not a herb doctor, the defendant was engaged in oriental medicine for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of F in the second police interrogation protocol against the defendant

1. Each police statement made to F and E;

1. A written statement of G and H;

1. Application of investigation report (related to the type of intrusion used for suspect treatment), investigation report (related to the investigation of victim E) Acts and subordinate statutes;

1. Relevant 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, choice of imprisonment for a limited term, and the concurrent imposition of fines for a crime;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act (limited to imprisonment with prison labor);

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

1. Scope of the recommended punishment and the basic area (one year to six years) of the recommended punishment;

2. Since there is a risk that many victims' health and public health may be infringed due to the decision-free medical practice without a license, there is a need for strict punishment.

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