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(영문) 수원지방법원 2014.05.21 2014고단688

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

However, the above imprisonment for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

No person, other than a dentist, shall engage in dental treatment business for profit.

On 2011, the Defendant (i) retired from the service and (ii) tried to assist another person in the work of the care work for neighboring areas, and (iii) purchased a medical device at spring around 2012, and (iv) 10 senior citizens who attend a church.

Even if the Defendant is not a dentist, on July 25, 2013, after receiving a request from E to see one upper, lower, and right upper, from E at the house of Yong-si located in Pyeongtaek-si C, the Defendant d’s shot-in and shot-in to see the transmission of the above E, and the Defendant d’s ring-in, ging-in, and ging-in with the Defendant’s ging-in, ging-in and ging-in.

8.3. At Gda located in Pyeongtaek-si F, 1.5 million won was charged in terms of medical treatment by putting the upper and lower-class mold and fluoring the Bobrics made of the Posing-si with concrete for medical use.

Accordingly, the defendant engaged in dental treatment business for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Application of Acts and subordinate statutes to a complaint, investigative report (a copy of a bankbook who has filed a complaint);

1. Relevant Article of the Act on Special Measures for the Control of elective Public Health Crimes, Article 5 subparagraph 2 of the Act on Special Measures for the Control of elective Crimes, Article 27 of the Medical Service Act (Compulsory Imposition of Imprisonment and 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. The scope of recommendations based on the sentencing guidelines under Article 334(1) of the Criminal Procedure Act, which are set forth in the provisional payment order, shall be as follows:

- [Types of Offenses] Food Health Crimes, Type 2 of Illegal Medical Practice, Business Unlicensed Medical Practice - / [Scope of Recommendation] Basic Field ( Imprisonment with prison labor for a period of one year and six months to three years) - Criteria for positive consideration: A person who has no criminal record of a stay of execution or more in a case where the amount of gains actually acquired is not significant. A person who has already been sentenced to a serious sentence of imprisonment with prison labor for a term of one year, two years of suspended sentence, and fine of one million won (necessary concurrent imposition).