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(영문) 수원지방법원 평택지원 2013.08.22 2013고단828
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for two years and fine for 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall conduct medical practice for profit-making purposes, but the defendant was provided with the shoulder and 10,000 won that he/she found in order to receive medical treatment in his/her residence, with d, E, F, etc., and received 10,00 won from around February 2, 2013 to June 5, 2013, by 10,000 won in terms of medical treatment.

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

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The police seizure record and the list of seizure;

1. Each report on investigation into a telephone system;

1. Application of Acts and subordinate statutes to name cards and on-site photographs;

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 (generally, choice of limited imprisonment and concurrent imposition of fines);

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

1. Article 62 (1) of the Criminal Act;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a case where the defendant, even though he is not an oriental medical doctor, provided oriental medical treatment, etc., and the risk of causing serious harm to the lives and health of people exists, and the defendant again committed the crime despite the fact that he had the record of punishment for the same kind of crime.

However, the fact that the defendant is recognized as committing a crime, the fact that the defendant suffers from a delay disorder and seems to result in economic difficulties, there is no person who has appeal to or suffered damage from the side effects among those who have received treatment from the defendant, and some of them are.

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