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(영문) 수원지방법원 2013.11.13 2013고단3986

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 services for profit-making purposes.

Even if the Defendant is not a dentist, the Defendant

1. From around 2011, in E-building D located in Suwon-si, Suwon-si to receive 650,000 won in return for the treatment of cather to F using the machinery, such as NAN, tin, tin, tin, tin, renal, renal, renal, renal, steel yarn, micro-frat, etc.;

2. On April 2013, at the building E in the foregoing manner, G had the cryptian procedure performed by the said method and received KRW 700,000 in return.

Accordingly, even though the defendant is not a dentist over two times, he/she engaged in dental treatment business for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes to the criminal place, accusation place, internal investigation report (receiving notice and hearing of the content of damage), internal investigation report, internal investigation report (F testimony made by witnesses of the cather procedure), internal investigation report (in-house visit investigation), and ratheric examination report;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes (Article 5 of the Act on Special Measures for the Control of Public Health Crimes, including the choice of applicable laws and punishment, and Article 27 of the Medical Service Act;

1. Article 53 and Article 55 (1) 3 and 6 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;

1. Considering the fact that medical practice without the reason of sentencing under Article 334(1) of the Criminal Procedure Act may cause serious physical risks, the defendant needs to be seriously punished.

However, there is no other history of punishment in addition to the fine twice, and there is no other history of punishment, the confession of the crime and reflectiveness, the crime was committed upon the request of the person who was known to the general public, the frequency and amount of profit of the crime in this case, and the motive, means and result of the crime in this case, the circumstances after the crime in this case, the defendant's age, character and conduct, family environment, etc.