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(영문) 대전지방법원 2014.11.12 2014고정1179
의료법위반교사
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is a dentist who operates "Dental Department" in Sejong-si, and the defendant B is a dental nurse.

1. Around April 17, 2012, Defendant A instructed the patient B, other than a dentist, to put the patient B at a dental clinic, and ordered the patient B, other than a dentist, to put the patient at a 4 medical clinic in front of the upper part of the medical act, and had the female perform the above medical act.

Accordingly, the defendant assisted B to perform dental treatment without a dentist's license.

2. Although not Defendant B’s dentist was unable to perform dental practice, the Defendant, at the above temporary location, had a dentist’s license as a dentist, according to the above A’s teacher.

Accordingly, the defendant performed dental treatment without a dentist's license.

Summary of Evidence

1. Defendants’ partial statement

1. Each prosecutor's interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to written appeal;

1. Article 87 (1) 2 and Article 27 (1) of the Medical Service Act, and Article 31 (1) (Selection of Fine) of the Criminal Act: Defendant B: Articles 87 (1) 2 and 27 (1) (Selection of Fine) of the Medical Service Act;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Defendant A to be suspended: Fine of 500,000 won: fine of 300,000 won; and

1. The meaning of suspended sentence: A system which suspends the sentence of a minor crime for a specified period and is deemed to be acquitted after the specified period has elapsed;

Effect of suspension of sentence: it shall be considered to be acquitted after two years have elapsed from the date of receiving the suspension of sentence (Article 60 of the Criminal Act). Lapse of the suspension of sentence: The suspended sentence shall be imposed when a person who receives the suspension of sentence becomes subject to a judgment of suspension of qualifications or more severe punishment, or when

(Article 61 of the Criminal Act). Article 59 of the Criminal Act

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