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(영문) 의정부지방법원 2016.07.05 2016고단1818

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

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

Nevertheless, on September 10, 2015, the Defendant received KRW 900,00 from D’s house located in Suwon-si, Suwon-si, Suwon-si, for the treatment of cather, and used the cather part of D’s cather part, and used the cather part to catate and catate it, and received approximately KRW 1 million each year from around September 16, 2015 to around September 17, 2015.

Accordingly, even though the defendant is not a dentist, the defendant was engaged in dental practice for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report for counter-investigation;

1. Application of Acts and subordinate statutes governing dice photographs;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes, covering the relevant legal provisions and the choice of punishment for a crime, Article 27 (1) of the Medical Service Act (Selection of imprisonment with prison labor for a limited term and the concurrent imposition of 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The crime of this case is likely to undermine the sound order of medical service due to the crime of this case and cause many relevant victims; there are side effects on one of the persons under actual procedure; the crime of this case was manufactured with the mold without permission for a long time against a large number of persons under procedure; and the sales amount therefrom was considerably favorable: The defendant recognized the crime and is in contravention of the depth; the defendant paid two million won for the person under procedure, which has caused side effects; and the above circumstances and the first offender.