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(영문) 창원지방법원 마산지원 2020.05.12 2020고단166
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person, other than a dentist, shall not engage in dental services for profit-making purposes.

1. Despite the fact that the Defendant is not a dentist, on the second floor of the Defendant’s residence in the Seocho-si Masan-si, Changwon-si, 2014, made two of the Victim C’s c c satisfying in this part, and received KRW 1050,000 as a consideration for the treatment of the Defendant’s satisfying in the upper floor, by attaching to the ging of the victim.

2. On March 1, 2019, the Defendant received KRW 900,00 in return, for the treatment of saves by setting up one lower part of the victim D and manufacturing three lower part of the body, and then fixing the victim as soon as possible, at the same place as paragraph (1) of this Article.

3. The Defendant, at the same place as Paragraph 1, around August 2019 at the same time as that of Paragraph 1, manufactured three lower gate of the victim E, and provided dental treatment to the victim by attaching it to the ging of the victim, and received KRW 3.50,000 in return.

4. 피고인은 2019. 8. 28.경부터 다음 날인 29.경까지 제1항과 같은 장소에서, 피해자 F에게 틀니 비용으로 35만 원을 지급받기로 하고 부분틀니를 제작하기 위해 피해자의 아랫니 전체를 석고로 본떴다.

Accordingly, although the defendant is not a dentist, the defendant was engaged in dental treatment for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, D, and E;

1. A written statement;

1. Each protocol of seizure and each list of seizure;

1. All on-site photographs;

1. Application of the Act and subordinate statutes concerning investigation reports (Attachment of photographs of the third part framework shotos), partial shotos;

1. Subparagraph 2 of Article 5 of the Act on Special Measures for the Control of Relevant Crimes against Public Health Crimes, the main sentence of Article 27 (1) of the Medical Service Act;

1. Selection of a limited term of imprisonment (Concurrent imposition of fines pursuant to the latter part of Article 5 of the Act on Special Measures for the Control of Public Health Crimes);

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

1. The Criminal Act, the suspension of execution;

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