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(영문) 청주지방법원 제천지원 2017.12.21 2017고단353

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

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 business for profit.

Despite the fact that the Defendant was not a dentist, on September 12, 2008, the Defendant was entrusted with the production of molds from C, and was given 500,000 won in return for the production of molds on the basis of the model of a dental child after setting up the mold, and then received 500,000 won in return for the molding from around that time to August 6, 2016. As indicated in the list of crimes in the attached Table, the Defendant engaged in dental practice for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect interrogation of the police against the accused (including parts contained in D's statement);

1. Investigation report (the amount paid by the complainants for the head of Brazil and the cream practice cost).

1. Statement made by the police against D;

1. A detailed statement of deposit transactions (E) and a detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes to X-ray photographs;

1. Relevant Article 5 subparagraph 2 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act (as a whole, imprisonment with prison labor selected for abandonment and the concurrent imposition of fines);

1. Article 53, Article 55, Article 55, Article 55, Article 55, 5, 5, 5, and 6 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and the circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined as ordered by taking into account the following circumstances:

Unlicensed medical practice is highly likely to cause serious damage to the health and safety of the people, and is against the law, and the patient seems to have requested the defendant to provide medical treatment due to monetary problems, etc. while being aware that the defendant conducts medical practice without a license.