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(영문) 서울남부지방법원 2015.01.16 2014고단4372
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and fine of 1,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person, other than a medical person, shall perform any medical practice; and no medical person shall perform any medical practice other than that licensed, except those in violation of the Act on Special Measures for the Control of Public Health Crimes;

Notwithstanding that the Defendant was not a medical practitioner due to the lack of a herb doctor’s license, on March 7, 2014, on the first floor of the building on which the “Dhanwon” signboard located in Jung-gu Seoul Metropolitan Government is installed, the Defendant kept a human form map, etc. on which the 18th floor of the building was marked, booms, sugars, sediments, and blood ties, and eliminson suffering from malkinson’s disease, and eliminate and eliminated them into the telegraph, such as head, etc., and issued medicines prepared in combination with herb products, such as ginseng, spath, spath, spath, spath, and spath, and received 400,000 won in return, from March 6, 2014 to May 24, 2014 as indicated in the attached list of crimes.

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

2. No person who violates the Pharmaceutical Affairs Act shall prepare medicines unless he/she is a pharmacist or herb pharmacist, and a pharmacist or herb pharmacist shall prepare medicines within the limit of license;

Despite the fact that the Defendant is not a herb pharmacist, at the same place as the preceding paragraph on March 7, 2014, the Defendant prepared and sold herb drugs, including preparing and selling, at the same time and place as the former paragraph, and after having saluted and saluted them, prepared and sold them by mixing herb drugs, such as ginseng, salute, salute, salute, and salute, from March 6, 2014 to May 24, 2014, as indicated in the list of crimes (excluding No. 8).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, H, I, J, and K;

1. Each protocol of seizure and the list of seizure;

1. A report on investigation, a report on investigation (the call, etc. of legal teams of the Korean Medical Association), a report on investigation into North Korea, a report on investigation into Korea, a report on investigation into Korea, and a report on investigation into Korea Oriental Pharmacy;

1. A copy of the name cards and the details of medical treatment;

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