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(영문) 울산지방법원 2021.1.28. 선고 2020고단4465 판결

보건범죄단속에관한특별조치법위반(부정의료업자)

Cases

20 Highest 4465 Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers)

Defendant

ParkA, 1956 Students, 1956

Residence

Reference domicile

Prosecutor

Madden (prosecution) and delay in gambling (public trial)

Imposition of Judgment

January 28, 2021

Text

A defendant shall be punished by imprisonment for a term of two years and a fine of one million won.

When the defendant does not pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

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

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

Any person who is not a dentist shall not engage in dental treatment business for profit.

Nevertheless, at around 14:00 on May 12, 2018, the Defendant: (a) received 100,000 won from the Defendant’s house located in Ulsan-gu Btel C; (b) received 100,000 won from e-mail, who was not a dentist; (c) performed anesthesia; and (d) generated 6 dental services for profit-making purposes at the Fcafeteria operated by e-mail in Ulsan-gu, Ulsan-gu; (b) around 15:00 on June 15, 2015, 1300 won from e-mail; and (c) carried out dental services for e-making purposes.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Joint Imposition of Imprisonment or Imprisonment with prison labor and fines)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) and (2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

Even if the defendant is not a dentist, he has taken six anesthesia in the ging of Does and added six gings to the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the ging of the Defendant.

Judges

Judges fixed-term