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(영문) 창원지방법원 마산지원 2013.07.26 2013고단465
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around March 17, 2012, the Defendant was not a dentist. Around March 17, 2012, at the Defendant’s clinic located in Masan-si, Da, 2nd floor, etc., he/she was provided with a doctor’s clinic, dental appliances, and medicine, etc., and requested dental treatment from E who found the place, and taken 12 infants out of 12 infants using the treatment appliances, and acquired profits therefrom each month by receiving money and valuables as the name of treatment from November 201 to June 17, 2013 from average 6 to June 2013.

Accordingly, the defendant, not a dentist, was engaged in dental practice for profit-making purposes.

2. Although the Defendant violated the Medical Technicians, etc. Act was not a dental technician, the Defendant manufactured the Defendant’s medical room from November 201 to June 17, 2013 at the examination and treatment room of the Defendant as described in the foregoing paragraph (1) and manufactured the average of 5 to 6 dental technicians per day, and the dental technicians engaged in the duties of dental technicians, including dental technicians.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Copy of business account books attached to each investigation report, details of sales, and current status of patient telephone investigation;

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

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Relevant Crimes and Public Health Crimes; Article 27 (1) of the Medical Service Act; Article 30 (1) 1 and Article 9 (1) of the Medical Technicians, etc. Act on Special Measures for the Prevention of Imprisonment with Labor;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 48(1) of the Criminal Act.

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