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(영문) 인천지방법원 2014.12.09 2013고단6724
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a herb pharmacist who operates a “D” pharmacy under the Yeonsu-gu Incheon Metropolitan City C Building 124 to the extent that the Defendant does not interfere with the Defendant’s exercise of the right to defense.

1. From January 19, 2013 to May 20, 2013, the Defendant: (a) asked questions to E regarding specific symptoms found in the above D Pharmaceutical State for non-medical treatment; and (b) provided a verbal diagnosis by asking questions to them about the specific symptoms (part of customers), and then, (c) arbitrarily added maul to the so-called so-called so-called “mar herb drugs” (one of the 100 pages where the oriental medicine pharmacist can arbitrarily prepare and sell them), and (d) received the medicinal value of KRW 180,00 won from January 19, 2013 to May 20, 2013, the Defendant did not engage in a medical treatment business for profit-making purposes, such as preparing and selling the above “mar medicine” to prepare and sell the medicinal herb drugs at will.

2. On May 2013, the Defendant in violation of the Medical Service Act: (a) installed an advertisement banner and standing signboard stating “healthly 4-7 km per month” in order to recruit persons wishing to receive non-comforcing treatment in the above D Oriental medicine countries; (b) placed an advertisement on the medical treatment despite the fact that the herb pharmacist, who is an expert of oriental medicine medicine, is not a medical practitioner, by having the advertisement leaflet within the above pharmacy, on the basis of the advertisement leaflet with the contents of “health 4-7 km per month,” each individual, each of which is a string, thirst, thirst, thirst, and marst, eating and physical strength; (c) improvement of eating conditions and physical strengths; (d) prevention of clapsing and removing booms; and (d) the effect of the operation of oriental medicine medicine medication in multi-year clinical herb drugs; and (d) placed the advertisement leaflet containing the contents of “I” in the above pharmacy.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, H, and I.

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