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(영문) 광주지방법원 목포지원 2015.10.26 2015고단643
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant: (a) around September 5, 2014, at the Defendant’s house located in Mapo-si, Dopo-si; (b) around September 5, 2014, equipped with Hanpo-si Dopo-si and Dopo-si; (c) diagnosed the Defendant that the Defendant would be good when she was in contact with E with Dopo-si Dopo-si; and (d) diagnosed the Defendant as being 5,000 won for the purpose of cutting down, cutting down, and gupo-guing expenses.

In addition, the Defendant, from April 1, 2014 to September 9, 2014, performed oriental medical care as above to many unspecified customers, and received 5,000 won per customer as the name of medical treatment.

Accordingly, even if the defendant is not an oriental medical doctor, the defendant was engaged in oriental medical treatments for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Report of investigation, application of photographs to the Acts and subordinate statutes;

1. Article 5 of the Act relevant to the crime, subparagraph 3 of Article 5 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act;

1. Mitigation of discretionary mitigations under Articles 53, 55(1)3 and 6 of the Criminal Act (hereinafter referred to as the following grounds for sentencing);

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 (Consideration of sentencing)

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

1. Determination of types of crime: Illegal medical practices for a business-free license, such as illegal medical practices for food and health crimes;

2. Determination of the scope of sentence: Basic area, one year and six months to three years (no special person shall be punished);

3. Determination of sentence and suspension of execution are recognized and against the defendant's mistake, the defendant's refusal to conduct a unauthorized medical practice in the future, the defendant's age, character and conduct, health conditions, family relationship, etc. shall be determined within the sentencing criteria and the execution of the sentence shall be suspended.

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