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(영문) 부산지방법원 동부지원 2013.09.04 2013고단2240
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

1. The defendant shall be punished by imprisonment for one year and a fine of 500,000 won; and

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

No person, other than an oriental medical doctor, shall engage in oriental medical treatment as a business for profit.

On November 10, 2012, the Defendant: (a) around November 10, 2012, D apartment 113 Dong 1803, 1803, which is the Defendant’s house located in Nam-gu, Busan; (b) compared to E, provided several guidelines to the customers, and (c) provided several guidelines to the customers from April 17, 2013, including the preparation and sale of herb drugs; and (d) provided 50,000 won for medical treatment at one time, and (e) received 380,000 won for each herb drug after preparing and selling herb drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Selection of Imprisonment and Imposition of Fine concurrently);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act that the defendant is preparing for a new work

1. Determination as to the defendant's assertion under Article 48 (1) 1 of the Criminal Code of Confiscation

1. The defendant's side asserts that the illegality of the defendant's manual practice is excluded by the act that does not go against social norms.

2. Generally, engaging in an inception without a license or qualification falls under non-licensed medical practice under Article 27 of the Medical Service Act (hereinafter “non-licensed medical practice”). Guideline practice also falls under medical practice prohibited under the Medical Service Act as a kind of such an inception, and such an inception practice is broad and generalized private law, and it is difficult to deem that such practice constitutes an act that does not immediately contravene social norms solely on the ground that the risk of such practice is low.

, however, the motive for the practice of the operator;

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