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

When the defendant does not pay the above fine.

Punishment of the crime

No person, other than a medical person, shall provide medical services, and any person, other than a dentist, shall provide dental services as a business for profit.

On March 2020, the Defendant, at the residence of C, the Defendant of the third floor of the building B in Busan, Busan, and at the residence of the Defendant of the third floor of the building B in Busan, 2020, carried out a softing procedure to cover and fix D’s right-hand knife with an artificial knife after being able to do so. On March 2020, the Defendant performed dental treatment in the same manner as a dentist, and received KRW 400,000 from the said D in return.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report by the police on D's statement (a dental currency);

1. Application of Acts and subordinate statutes to police seizure records and photographs of seizure lists;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment or Imprisonment with prison labor);

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

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. Probation and community service order under Article 62-2 of the Criminal Act;

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 of the provisional payment order;

1. Scope of applicable sentences under law: Imprisonment for two to thirty years, and a fine of ten million won from ten million won;

2. The scope of recommendation according to the sentencing guidelines [the determination of types] the scope of illegal medical acts [the type 2] No person who has a businessless medical act [the scope of recommendation field and recommendation] [the scope of recommendation field] basic area, imprisonment with labor for one year and six months to three years, and fine of one million won to ten million won [the scope of recommendation changed according to the applicable sentencing range] is a case where the lower limit of the sentence range recommended in the sentencing guidelines for two years to three years is inconsistent with the lower limit of the applicable sentencing range in law, so the law is applicable.