보건범죄단속에관한특별조치법위반(부정의료업자)
A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.
When the defendant does not pay the above fine.
Punishment of the crime
At around 206, the defendant had dental appliances at the defendant's house located in Daejeon Dong-gu, Daejeon, and received KRW 100,000 per 10,000 per path and per path from D upon request to see the dental appliances (at the left side and four paths) at the defendant's house located in Daejeon-gu, Daejeon-gu, Daejeon-si, and received KRW 70,000 from D in return.
Accordingly, even though the defendant is not a dentist, the defendant was engaged in dental practice for profit.
Summary of Evidence
1. A statement made by the criminal defendant at this Court (the statement made on the fourth public trial date);
1. Statement to the effect that the witness D has received dental treatment from the defendant who had been given dental treatment in this court, and delivered consideration;
1. Statement to the effect that each seizure recorded in the attached list has been seized by the defendant among the seizure records prepared by judicial police officers;
1. Application of image Acts and subordinate statutes appropriate therefor to the site and photographs of seized articles;
1. Article 5 of the Act on Special Measures for the Control of Public Health Crimes (amended by Act No. 8366 of Apr. 11, 2007); the main sentence of Article 25(1) of the former Medical Service Act (wholly amended by Act No. 8366 of Apr. 11, 2007) [The term of imprisonment with prison labor chosen for a limited term of imprisonment and a fine concurrently, but the maximum term of imprisonment with prison labor shall be 15 years]
1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;
1. The range of applicable sentences: Imprisonment with prison labor for a period of one year to seven years and six months, and fine of five hundred thousand won.