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(영문) 춘천지방법원 영월지원 2017.05.23 2017고단143
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Even if the Defendant is not a dentist, at the C’s real estate office located in the B of Youngwon-gun, 2009, after receiving a request from D to see all of the following dental services from D, the Defendant performed dental care in contact with D’s dental services and received KRW 800,000 as a medical treatment expense, and performed dental services for seven persons in total after receiving medical treatment expenses as described in the attached list of crimes from the beginning of March 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against D, E, F, G, H, I, J, and K;

1. A report on investigation (to take photographs of the mold worn by D);

1. A protocol of seizure and a list of seizure;

1. Two copies of a certificate of transfer confirmation;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant facts constituting a crime, Article 27 (1) of the Medical Service Act (in addition, the punishment of imprisonment with prison labor and the necessary penalty concurrently imposed);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the grounds for sentencing under Article 334(1) of the Criminal Procedure Act / [the scope of recommendation / [the grounds for sentencing] : No basic area (one year to six years) for the two types of illegal medical acts (business-free medical practices) / [no person subject to special sentencing] / [a person subject to sentencing] / [a person subject to sentencing] acknowledges and reflects the crime of this case. In light of the place and facilities of the crime of this case, the patient appears to have requested treatment to the defendant as a monetary problem even though he knows that the defendant performed medical acts without a license, and the crime of this case was committed when the defendant had been punished for

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