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(영문) 서울동부지방법원 2016.06.02 2016고단873

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant

A and B Imprisonment for one year and six months, and fine of five million won, each of the defendants C and D shall be punished by imprisonment for one year and a fine of five million won.

Reasons

Punishment of the crime

[criminal record] On May 16, 201, Defendant B was sentenced to one year of imprisonment for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) at the Dong-dong District Court in Seoul, and the period of parole was expired on January 30, 2012 during the execution of the sentence, and the parole period was expired on March 7, 2012.

[Criminal facts]

1. Defendant A

(a) No person, other than a medical person, shall perform medical practice in violation of the Act on Special Measures for the Control of Public Health Crimes;

Although the Defendant was not a medical practitioner due to the absence of a dentist’s license, on October 2015, the Defendant entered “Ambrogate around February 2016” in the indictment as follows: (a) around September 2015, the Defendant: (b) was equipped with dental equipment, such as a marine, spathn, spathn, ice, and anesthesia; and (c) laid a spath model made up of L’s spathn spathn spathn spathn, and received 40,000 won as a price for spathn spath from September 2015 to January 2016; (d) it is apparent that this is a clerical error; and (e) it was corrected ex officio without modification to the indictment.

By up to five times as shown in the attached list 1, dental practice was carried out for profit-making purposes, such as cutting the mold by the above methods or performing stevey treatment, and receiving a sum of KRW 1.9 million in return.

(b) Dental technicians who violate the Act on Medical Technicians, etc. shall follow a request for manufacturing dental appliances issued by dental doctors in the course of performing the duties, such as manufacturing, etc. of dental appliances;

Nevertheless, around November 4, 2014, the Defendant, at the above K’s airspace, requested the Defendant to produce an artificial infant at C’s request, and produced an artificial infant at C’s request, as well as from around that time until February 14, 2016, the Defendant produced a dental technician without a prescription for manufacturing dental appliances as shown in attached Table 2.

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