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(영문) 수원지방법원 성남지원 2014.10.07 2014고단2106
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

In around August 2010, the Defendant, even though he was not an oriental medical doctor in Gwangju-si, performed a bed against E for profit-making purposes even though he was not an oriental medical doctor in Gwangju-si, and received approximately KRW 10,000 won of medical expenses from E as a business of oriental medicine treatment from around August 2013, the Defendant engaged in oriental medicine for profit-making purposes even though he was not an oriental medical doctor as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. Each police interrogation protocol against the accused;

1. Each police statement of E and F;

1. On-site photographs of side-going treatment;

1. Application of the Acts and subordinate statutes to the complaint;

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. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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;

1. The defendant, on March 24, 2005, was sentenced to a suspended sentence of one year for a violation of the Act on Special Measures for the Control of Public Health Crimes and a fine of two million won for a violation of Article 334(1) of the Criminal Procedure Act, etc. on March 24, 2005. However, in consideration of the fact that the defendant committed a crime, was committed committed by himself, and is committed by himself again, and that he does not engage in an oriental medical act again, the punishment shall be determined as ordered by the order.

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