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(영문) 광주지방법원 장흥지원 2015.01.22 2014고단93

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a dentist, shall engage in dental treatment as his/her business for profit.

On February 2013, the Defendant, who did not have a dentist's license, received 50,000 won as material cost and water cost after treatment upon request from the victim C, and received 500,000 won under the pretext of dental treatment.

1. On February 2013, the Defendant: (a) posted anesthesia into the inner part of the residence of the Defendant D, and then deducted one love lower than the left side of the victim after taking ging in the upper part of the victim’s left side.

2. Around March 6, 2013, the Defendant: (a) put in an anesthesia at the Village Center of the Jeonnam-gun, Chungcheongnam-gun; (b) laid the ging part of the victim into the ging part of the victim; and (c) laid the ging part of the ging part; and (d) laid the ging part

3. On March 16, 2013, the Defendant: (a) included anesthesia in an injection machine; and (b) 2 of the victim’s spawn who made the spawn, after being injected into two of the flags of the victim who caused the blag.

4. On March 26, 2013, the Defendant provided 2 of the victims’ pathic therapy in the same manner as in the preceding paragraph at the place in the same manner as in the preceding paragraph.

5. On June 2013, the Defendant: (a) provided the victim with the mold at an insular place; (b) provided the victim with the mold, and (c) worn the fluor at a fixed period.

Accordingly, the defendant was engaged in dental treatment business for commercial purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Records of seizure and the list of seizure;

1. Application of each fact-finding inquiry reply statute;

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 or Imprisonment with prison labor);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.