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(영문) 청주지방법원 충주지원 2014.05.16 2014고단126

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

Notwithstanding the fact that a person who is not a dentist is not a dentist is not a dentist, the Defendant is not a dentist with a profit-making purpose.

1. Around May 2007, at D’s residence located in Chungcheong City, D used a dental device (one name 'Masch Rex, Accenture, Pccentine, etc.') to conduct medical practice promptly, after being able to see four for a long time, and received KRW 1.50,000 from D;

2. Around December 2013, at the F’s residence located in Incheon-si E, a dental device used by F to provide F with a dental device, and two upper thromen, the two strings, the strings, the strings, and the strings, the thrings, and the 400,000 won from F, respectively;

3. Around February 17, 2014, at the place specified in paragraph (1) around 17, 2014, one of the following: (a) had 500,000 won paid out of cather to receive 300,000 won of cather in order to keep the cather; (b) had engaged in medical practice using dental appliances; and (c) has engaged in dental practice

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. 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 (Concurrent Imposition of Imprisonment and Fines) concerning facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant committed another crime even though he had the record of the same kind of crime in the suspension of execution, and circumstances that are favorable to the concern that the health and body of the people may be harmed by non-professional and non-sanitary medical acts such as this case: The time of committing the crime is against the defendant, and there is no criminal record since 196, and the defendant's age, character, conduct and behavior.