보건범죄단속에관한특별조치법위반(부정의료업자)
Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of five million won.
The defendant does not pay the above fine.
Punishment of the crime
No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.
The Defendant, even though there is no dentist’s license, was given from January 2017 to the same year.
8. 2. up to around 17:55, dental practice was conducted for profit-making purposes, such as installation of a contact room (a waiting room), a press room, and a treatment room in the Seoul Northern-gu D, 3 to 10 square meters, and installation of a refinite, a press room, and an appearance equipment necessary for medical treatment, with three temporary finites (a woman and a monin) introduced from a biner (a press, a mons), and receiving a 600,000 won in return.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Evidentiary photographs;
1. A report on investigation, execution of a warrant of search and seizure, evidence lists of seized articles, and evidence photographs thereof;
1. Application of Acts and subordinate statutes on seizure records;
1. Subparagraph 2 of Article 5 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant facts constituting an offense, Article 27 of the Medical Service Act (inclusive) and the imprisonment with prison labor for a limited term;
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 48 (1) 1 of the Criminal Act to be confiscated;
1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;
1. Scope of applicable sentences under law: Imprisonment with prison labor for a period from 1 to 15 years, fines of 500,000 to 500 million won;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (one year to six years) (one year to three years). The basic area of the recommended punishment (the person who has no special sentencing factors).
3. In light of the Defendant’s age, sex, environment, etc., the sentencing conditions are considered in light of the following facts: (a) the sentence of imprisonment with prison labor for the same crime committed around around 2012, as well as the suspended sentence of imprisonment with prison labor for the same crime; and (b) the fact that the pertinent unlicensed medical practice does not seem to cause serious harm to the health of the recipient of the procedure.