보건범죄단속에관한특별조치법위반(부정의료업자)
[Defendant A] Imprisonment with prison labor and fine of 2,000,000 won
The above fine shall not be paid by the defendant.
Punishment of the crime
A person who is not a dentist shall not engage in dental treatment business for profit.
1. Notwithstanding that Defendant A’s violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operator) is not a dentist, the Defendant, at around June 2015, at the house of the patient D, who was in the aftermash C, cut off the patient’s dental infant into microfacing, used a medical device, etc. to cover the patient’s dental infant with his/her body after cutting off the patient’s dental infant into microfacing, and received a total of KRW 30 million per week from around that time to November 24, 2019 by the aforementioned method.
Accordingly, although the defendant is not a dentist, the defendant was engaged in dental treatment for profit.
2. The Defendant aiding and abetting Defendant B in violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) at the time and place specified in paragraph (1) by aiding and abetting A’s unlicensed dental practice by taking a sirens or delivering dental treatment tools, etc. when he/she provided dental treatment to an infant of the patient D, and aiding and abetting A’s non-licensed dental practice by using the aforementioned method from around that time to November 24, 2019.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement of D police statement;
1. Application of Acts and subordinate statutes to certificates of medical records, certificates of issuance of copies of dental records, dental records, and investigation reports on the details of transactions of one bank (Evidence No. 18);
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant A: Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Selection of Imprisonment and fine concurrently);
(b) Defendant B: Article 5 subparag. 2 of the Act on Special Measures for the Control of Public Health Crimes, Article 27(1) of the Medical Service Act, and Article 32 of the Criminal Act (Selection of Imprisonment and Imposition of Fine concurrently)
1. Assistance and mitigation (Defendant B) Articles 32 (2) and 55 (1) 3 of the Criminal Act;
1. Article 70(1) of the Criminal Act for the detention of a workhouse.