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1. The defendant shall be punished by a fine of 500,000 won;
2. If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is a herb doctor who operates the Korea Medical Center located in Busan Suwon-gu B and 101, and D and E are general employees who worked in the above Korea Medical Center.
In spite of the fact that a person, other than a medical person, is unable to perform medical practice, the Defendant provided without a license until November 25, 2013, from the time when he/she provided the above D and E with the care of F, a patient who was within the above Korean Council member, without qualifications for nursing assistants, etc., in the course of treating F, a patient who was the patient at the above Korean Council member.
Accordingly, the defendant conspiredd with the above D and E to conduct a unauthorized medical practice.
Summary of Evidence
1. Statement by the defendant in court;
1. Each protocol concerning the examination of suspect of the police against D or E;
1. Application of the Acts and subordinate statutes on the written accusation;
1. Article 87(1)2 and Article 27(1) of the Medical Service Act, Article 30 of the Criminal Act, and the selection of fines for criminal facts;
1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouses is that the pertinent unlicensed medical practice is relatively less likely to cause harm to human body, the fact that there is no criminal record against the defendant, the fact that the defendant has recognized his/her mistake, and other factors of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc.