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(영문) 대구지방법원 2018.02.13 2017고단7125
의료기사등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 15, 2016, the Defendant was sentenced to a suspended sentence of three years and a fine of five million won in one year and six months, for a violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operators) at the Daegu District Court on July 15, 2016, and the said judgment became final and conclusive on July 23, 2016, and is currently under suspended sentence.

The defendant, as a dental technician, shall follow a request for manufacturing dental appliances issued by a dental doctor in the course of performing duties, such as manufacturing, etc. dental appliances.

In spite of the absence of a request for manufacturing dental appliances issued by dental doctors, the Defendant, at around 11:00 on August 7, 2017, produced a work model using artificial materials and tin in order to treat four knifes below the right side of D from the second floor of the building located in the Daegu North-gu, Daegu-gu, Daegu-gu, with the aim of treating four knifes under the right side of D, and produced knifes based on the working model as seen above at the “F D D D D D D D D D D D D D D D’s factory laboratory” located in the second floor of the building located in

Accordingly, the Defendant did not follow the work of manufacturing dental appliances issued by dental doctors, but performed the work of manufacturing dental appliances.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A dental technician's license, a business registration certificate, a dental technician's establishment and registration certificate, etc.;

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

1. A report on investigation (a letter of confirmation, etc.);

1. Previous convictions: Inquiry of criminal records and criminal investigation reports (verification of the same criminal records and the facts during the period of suspension of execution) and Acts and subordinate statutes;

1. Article 30 (1) 5 and Article 11-3 (1) of the Medical Technicians, etc. Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed the same kind of crime during the grace period, even though he was sentenced to a suspended sentence on two occasions around 2006 and around 2016. In light of the fact that the defendant committed another kind of crime during the grace period.

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