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(영문) 의정부지방법원 2019.05.09 2019고단410
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a person who operates ‘C' from May 2017 to Spocheon-si B.

The Defendant, even if he is not an oriental medical doctor, sought the phrase “a shoulder and elbow c.” from D on September 17, 2018, and confirmed D’s open level and symptoms through a literature, and received 10,000 won in return for treating the said medical treatment from May 2018 to September 27, 2018, and received 10,000 won or more from approximately 20 patients to receive 10,000 to 30,000 won in the above treatment method.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes on a petition;

1. Subparagraph 3 of Article 5 of the Act on Special Measures for the Control of Crimes under Relevant Acts and subordinate statutes;

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

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 ( considered as follows):

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

1. Scope of applicable sentences under law: Imprisonment for two years to 30 years, a fine of one million won to 10 million won;

2. The scope of recommendations on the sentencing criteria [decision of types] the scope of recommendations [type 2] the illegal medical acts [type 2] no licenseless medical acts [the scope of recommendations and recommendations] basic area (the scope of recommendations and recommendations], imprisonment with labor for one year and six months to three years.

3. Determination of sentence: The same type of punishment as the order shall be determined by comprehensively taking into account the conditions of sentencing as shown in the records, such as imprisonment for one year, two years of suspended sentence, two million won of fine, the following circumstances, and the ages, occupations, character and conduct, family relations of the accused and the conditions of sentencing as shown in the records before

Unfavorable circumstances: The circumstances favorable to the fact that the defendant had committed the crime in this case even though he had the same record of crime: The confession of the crime in this case, the amount of profit acquired by the defendant is small and the size of business is small.

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