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(영문) 서울남부지방법원 2014.07.17 2014고단1898
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

Around December 14, 2013, the Defendant was not a medical practitioner due to the lack of a dentist’s license, and the Defendant heard from D’s office located in Seocheon-si, Seocheon-si, Nowon-gu, and examined D’s right right and right and received KRW 450,000 as a consideration.

The Defendant, having anesthesia in the mouth of D, performed dental treatment by using micro-accines, using the d's d's right, using the d's d's d's d's d's d's d'

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

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused (including the statement portion of D);

1. Application of the police statement law to D;

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 (Concurrent Imposition of Imprisonment or imprisonment with prison labor and fines);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Scope of Recommendation] : (a) the basic area (one year and six months to three years) of the category 2 (Business Unlicensed Medical Practice) (No person in a special form] [decision of sentence] 1 year of imprisonment; (b) the suspension of execution 2 years; (c) the community service order 80 hours; and (d) the fine of one million won (one time to be punished for the same kind of crime in a large scale) under a favorable condition that there is no profits from the crime in this case; (b) the fact that there is no profits from the crime in this case; and (c) the fact that even though having knowledge that it is an unauthorized medical practice

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