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(영문) 대전지방법원 공주지원 2013.08.09 2013고단94
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

The Defendant, who holds a license for dental technicians, who are not dental doctors, must register with the competent authority in order to establish dental laboratories. However, from June 2012, the Defendant: (a) around November 2012, he/she was equipped with a device manufacturing dental appliances at an office with no two floors of D building operated by himself/herself, which is operated by himself/herself, and (b) manufactured and attached a framework for E and F’s dental appliances; and (c) obtained 150,000 won for such purposes as receiving 150,000 won for dental appliances; and (d) established a dental laboratory without registration.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Return on the results of inquiries about licensing of health and medical services personnel;

1. Records of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Illegal Health Crimes, Article 27 (1) of the Medical Service Act (the points of dental practice without a license, the points of limited imprisonment, and the concurrent imposition of fines by necessary concurrent imposition), Articles 31 subparagraph 2-2 and 11-2 (3) of the Medical Technicians, etc. Act (the points of establishing a dental laboratory without registration);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation (in cases of primary crimes and in cases where there are no many criminal proceeds);

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

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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