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(영문) 부산지방법원 2020.09.25 2020고단2952

보건범죄단속에관한특별조치법위반(부정의료업자)

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A defendant shall be punished by imprisonment with prison labor for a year and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Around May 2012, the Defendant: (a) around May 2012, the Defendant was not a dentist; (b) made five parts of Dacians using dental instruments in the Defendant’s residence located in Busan B and C, and received 100,000 won at the expense; and (c) opened two Docians using dental instruments; (b) opened two Docians using dental instruments; and (c) received 4,50,000 won at the expense; and (d) filled up the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s f.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Investigation report ( telephone conversations between May 6, 2020 and complainants);

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act, inclusive, by Article 5 of the relevant Act concerning criminal facts;

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 concerning a suspended sentence;

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

1. Medical practice on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is an act directly affecting the life and health of the patient, and only qualified medical personnel meeting certain requirements of education and experience can engage in medical practice. The defendant, who is not fully verified, may cause serious harm to the patient's health when performing medical practice. Therefore, heavy punishment is inevitable.

However, the fact that the defendant is aware of and does not repeat the crime, the fact that the defendant's profit from the crime seems not to be significant, and the defendant's age, character, character, environment, family relationship, motive and motive of the crime.