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(영문) 춘천지방법원 속초지원 2017.10.18 2017고단366

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, even if the Defendant is not a dentist, at D’s house located in C and 202 in the middle of March 2015, around 13:00, the Defendant engaged in dental treatment activities for profit, such as making cash of KRW 5,000 in total and delivery of approximately KRW 4,50,000 in KRW 5,00 in total and KRW 4,00 in total, from that time until August 15, 2017, after he/she received a request from D to create the c and 200,000 in the middle of 20,000 from D’s house, and then he/she received a request from D to create the c and 200,000 won in terms of the c and 4,000,000 won in terms of the c and delivery of the d’s d’s d’, as indicated in the List of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police preparation with regard to D;

1. Each certification of E, F, G, H, I, J, K, L, and M Preparation;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes concerning photographs of seized articles;

1. Relevant 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 (joint imposition of imprisonment with labor for a period of time and fines);

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. Article 48 (1) of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendations] / [the grounds for sentencing under Article 334(1) of the Criminal Procedure Act / [the scope of recommendations] / There is no person who has no basic area (one year to six years) (one year and six years) / [the person who is subject to special sentencing] / The decision of sentence / The decision of sentence is necessary because it is highly likely to cause serious damage to the health and public hygiene of a large number of victims. The fact that the defendant has been subject to punishment twice for the same kind of crime is disadvantageous to the defendant.

(b).