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(영문) 광주지방법원 순천지원 2017.04.27 2017고단415

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

The Defendant, while serving in the dental prosecution, has experienced skills such as dice production, and received from 30,000 won in return for doing dental treatment at the request of a doctor from around 190 to 300,000 won, even though he is not a dentist.

On March 2013, the Defendant received 150,000 won under the name of the medical treatment from around 2013 at a container stuff located in E located in E located in Gyeong-gun, not in the south-gun, and received 14,000 won in total from around 200 to around 300,000 won.

Accordingly, even though the defendant is not a dentist, the defendant was engaged in dental practice for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each statute on photographs;

1. Relevant Article 5 subparagraph 2 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act, imprisonment with labor and fines concurrently for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as shown in the disposition shall be determined in consideration of the fact that the defendant has no record of having the same kind of imprisonment without prison labor or any heavier punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the economic profits earned by the defendant are low, and the defendant does not repeat a crime;