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.

Punishment of the crime

A person who operates a health center in the name of “C” and is not a medical person shall not perform medical practice.

그럼에도 불구하고 피고인은 2011. 7.경 춘천시 D에 있는 피고인 운영의 위 건강원에서, 뇌경색을 앓고 있던 E을 상대로 쑥뜸을 놓아준 후 동인으로부터 치료비 명목으로 1,000,000원을 교부받은 것을 비롯하여 그 무렵부터 2013. 3. 초순경까지 사이에 별지 범죄일람표 기재와 같이 모두 4회에 걸쳐 6명의 환자를 상대로 쑥뜸을 놓아주고, 그 치료비 명목으로 3,500,000원을 교부받았다.

As a result, the defendant committed an act of oriental medical treatment as a business by a person who is not an oriental medical doctor for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes on the photographs, such as the place of seizure and the paper of treatment, photographs of the records of medical treatment of G, and E, photographs of the records of medical treatment of H, I, and J, and the photographs of the poorest party;

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, selection of limited imprisonment and the concurrent imposition of fines;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [decision of types] The act of unfair medical care for a person without a business license [Special Convict] - Where the act of medical care for mitigated factors itself objectively pose a risk or the treatment effect, [decision on the area of recommendation] mitigated area / [decision on the area of recommendation] 1 to 2 years and 6 months [whether suspended sentence is suspended] - Major reasons for major reference: negative 2 and 3 categories.