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(영문) 광주지방법원 순천지원 2013.03.28 2012고단2803 (1)

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall provide medical services, and no person, other than a dental doctor, shall provide dental services for profit.

The Defendant, around January 1, 2012, performed a procedure for manufacturing and installing six dental appliances to D using dental tools even though he/she is not a dental doctor, and received 1.5 million won from D in return for doing so from around that time.

4. Up to around that time, all of the four dental services as indicated in the annexed list of crimes were provided by the same method with the same method and received a total of KRW 4.75 million in return.

Accordingly, even if the defendant is not a dental doctor, he/she is engaged in dental practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of the respective laws and regulations of G and D

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act, and Article 27 of the Act on Special Measures for the Selection of Imprisonment and the Imposition of Fines

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) of the Criminal Act (Article 62 (1) of the Criminal Act (including the fact that the person has no previous conviction nor has no previous criminal

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;