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(영문) 광주지방법원 목포지원 2013.06.11 2013고단664

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice.

Nevertheless, on November 14, 2012, the Defendant: (a) Mapo-si B Apartment 108, 1201, and 1201, and (b) 30,000,000 won of dental treatment using ice ice machines, and (c) 5,000 won of dental treatment by using ice ice machines; (b) Gapo-si B apartment 108, 1201; (c) Kapo-si B apartment 101, and (d) Kapo-si 30,000 won of dental treatment; and (d) Kapo-si 20,000 won of dental treatment, including 30,00 won of dental treatment by inserting ice in the same place on the same month.

Accordingly, even though the defendant is not a dentist, the defendant was engaged in dental practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and C (first time);

1. Application of Acts and subordinate statutes to investigation reports (related to the seizure of voluntarily produced articles);

1. Relevant Article of the Act on Special Measures for the Control of Public Health Crimes, Article 5 subparagraph 2 of the Act on Special Measures for the Control of Specific Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 200,000 won; Decision 200,000 won for primary offenders; Decision 200,000 won for primary offenders; Decision 20,000 won for primary offenders; Decision 20

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;