beta
대구지방법원 상주지원 2013.10.29 2013고단197

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around March 21, 2012, the Defendant, who is not a dentist, performed dental care in the area of D located in C and performed dental care in the area of D and received 300,000 won as the name of treatment. Around March 22, 2012, the Defendant performed dental care in the area of F located in E and performed dental care in the area of F, and 450,000 won as the name of treatment. Around April 7, 2012, the Defendant engaged in dental care in the area of I apartment 204 Dong 206, 200,000 won as the name of treatment and received 90,000 won as the name of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and D;

1. A H statement;

1. Application of police seizure records and list statutes;

1. Relevant Article 5 subparagraph 2 of the Act on Special Measures for the Control of elective Public Health Crimes; Article 27 (1) of the Medical Service Act; and Article 27 (1) of the same Act; and Article 27 (1) of the same Act;

1. Article 53 and Article 55(1)3 and 6 of the Criminal Act for discretionary mitigation (a period of one year, who is lower than the basic sentencing range of two types of unfair medical practice in the sentencing guidelines for food health crimes, considering the following circumstances and the fact that the patient H wishes to take advantage of the fact that he/she is limited to the three-time medical practice, the patient F was agreed with the patient F, and the patient H wants the Defendant’s wife, and reflecting the aforementioned circumstances and the Defendant’s depth reflects, the imprisonment with labor for the Defendant is set as one year, who is lower than the basic sentencing range

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 suspension of execution (including a person who has no previous conviction nor a minor fine for the last twenty-five years, and has no record of punishment other than a minor fine);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;