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(영문) 대전지방법원 2016.03.24 2015고단4379

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a dentist, the Defendant engaged in dental treatment for profit as follows.

1. On August 2013, the Defendant received 300,000 won in return for providing D with the treatment of bad crymosis from the Buddhist temple C in the Dong-gu Daejeon-gu Daejeon-dong, Daejeon-gu, and made a dental model by leaving the main body with the gymstone and its knowledge, etc., put the model into the gymoid and heating in the gymoid, and added it to the said D, and provided it for medical practice.

2. On April 8, 2014, the Defendant received 700,000 won from the inspection of the above C, in return for providing E with medical treatment of the total crypt and Haak part of the cryke, and provided the mold manufactured by the above method to the above E with medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1. A complaint;

1. Application of each statute on photographs;

1. Relevant Article 5(2) of the Act on Special Measures for the Control of elective Public Health Crimes, and Article 5(2) of the Act on Special Measures for the Control of Public Health Crimes, Article 27 of the Medical Service Act (in all cases, referring to choice of imprisonment for a limited term

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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 (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant recognized the instant crime and reflects the depth thereof; (b) the Defendant agreed with E as the administering person; and (c) the Defendant appears to have never actually acquired profits due to the instant crime; (c) the medical practice by a person other than a dentist is likely to inflict serious damage on the life and health of a person, in light of the circumstances favorable to the Defendant.