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(영문) 대구지방법원 2019.10.17 2019고단3917

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 6, 2013, the Defendant sentenced the Daegu District Court to imprisonment with prison labor for one year and six months and a fine of three million won for a violation of the Act on Special Measures for the Control of Public Health Crimes, and completed the enforcement of the sentence at the Daegu Detention Center on December 22, 2014.

The Defendant did not have obtained a dentist’s license, and is not a medical person.

Around January 24, 2019, the Defendant received request from Daegu Dong-gu B apartment, and Da to “Sato B apartment,” and received from the Defendant “Sato B apartment,” the ging of the above D ging the ging of the ging of the ging of D, rhing the ging of D with the ging of the ging of D with 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 above D, and received from the above D the ging of KRW 1,280,000 for medical treatment.

In addition, the Defendant provided dental treatment to patients at least eight times from January 15, 2017 to June 17, 2019, including dental treatment, as indicated in the attached list of crimes, and received a total of KRW 12,730,000 in return.

As a result, the defendant was engaged in dental treatment business by a person who is not a dentist for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to E, F, G, H, I, D, and J;

1. A remittance statement;

1. Previous records: Application of criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind of suspect and attachment of personal confinement records);

1. In addition to 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, the selection of imprisonment and the concurrent imposition of fines;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 2 and (2) of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall be based on;