보건범죄단속에관한특별조치법위반(부정의료업자)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) is that the defendant directly or through E, who requested or promised to provide dental treatment for dental treatment with D or F, and thus, the defendant was not guilty of the facts charged in this case, despite the fact that the defendant could have recognized that he provided dental treatment for profit, the court below erred in the misapprehension of legal principles or misapprehension of legal principles.
In order for a prosecutor to make an ex officio judgment to maintain the original facts charged and maintain "violation of the Medical Service Act" in the name of the offense, "Article 87 (1) 2 and Article 27 (1) of the former Medical Service Act (Act No. 8559)" in the applicable provisions of the Act, and "Article 35 of the Criminal Act" in the facts charged (preliminary facts charged) are added to each of the facts charged, and since this court permitted it and changed the subject matter of the judgment in the trial, the judgment of the court below is no longer maintained.
[Preliminary Indictment] The defendant was sentenced to a suspended sentence of two years and a fine of three million won for a crime of violating the Act on Special Measures for the Control of Public Health Crimes in the Southern Branch of the Seoul District Court on November 13, 2003. On April 25, 2005, the defendant was released from prison on August 14, 2006 and passed on November 7, 2006 by imprisonment with prison labor for one year and a fine of two million won for the same crime.
【Criminal Facts】
The defendant is not a medical person.
Nevertheless, around March 2008, the Defendant: (a) at the house of the Dong, Seocheon-gu, Seocheon-gu, 201, 409, Da-gu, Seocheon-gu, 201, 409, sent four 100,000 won per path through E, a woman living together, upon receiving a request from D to look at the left side of the D; (b) was able to receive 100,000 won per path through E, a woman living together; and (c) was flading the slives made in the shape of path at the same place after the week into D’s body.
Accordingly, the defendant is not a medical person.