(영문) 부산지방법원 2008.11.18.선고 2008고단5298 판결

Defendant A1 shall be punished by imprisonment with prison labor for one year and by a fine of 2,00,000,000 won and by imprisonment with prison labor for eight months. Where Defendant A1 fails to pay the above fine, the above Defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.

However, from the date this judgment became final and conclusive, the execution of the above imprisonment for three years for Defendant A1, and the execution of the above imprisonment for two years for Defendant A2, respectively, shall be suspended. Defendant A1 shall order Defendant A1 to provide community service for 160 hours.

Reasons

Criminal History Office

1. Despite the fact that Defendant Al’s medical person is not a medical person, the Defendant, at around December 27, 2007 at the Defendant’s house located in the 00 apartment-dong, Busan Yacheon-dong, the Defendant provided treatment to A2 over three occasions, such as attaching a model of A2 after setting up a dental treatment device, Handbox, nitrogen, Accenture, and tina, etc., and received 580,000 won in return, and carried out dental treatment business for profit.

2. Defendant A2

A. Mon January 18, 2008

As above, the Defendant had the victim A1 engaged in dental treatment without obtaining a license, and had the victim receive money from the victim.

At around 10:00 on January 18, 2008, the Defendant demanded that the victim “as soon as he did so, the Defendant would be required to return the treatment fees so that he would have to give a new treatment at another place.” If he refused to do so, the Defendant was threatened to the effect that he reported the fact that he did not perform a licensed dental practice.

The Defendant, as such, 580,000 won was delivered to the victim who frightened the victim and was drinking.

B. Magion on January 21, 2008

At around 09:30 on January 21, 2008, the Defendant provided the victim with 2,000,000 won in the house of the above victim, "it is not good if it is not paid with money."

The Defendant got 1,500,000 won from the Busan Bank account in the name of the Defendant’s son on the same day by entering the victim as such, and was transferred to the Defendant’s son on January 31, 2008.

At around 09:30 on January 31, 2008, the Defendant, at the above victim’s house, issued the victim’s “as soon as possible, 9,000,000 won should be added to the victim’s house, so it would not leave without giving money.”

The Defendant was transferred KRW 7,00,000 to the Busan Bank account in the same day in the name of the same day to the victim who frightened the victim.

(d) An attempted attack on April 24, 2008

On April 24, 2008, the Defendant, at around 10:00 on April 24, 2008, entered the victim’s house with “29,300,000 won, such as the cost of plastic treatment, hospitalization, and mental consolation money.” At the same time, the Defendant, at the victim’s house, gave rise to the victim’s frighting of money without demanding any more money.”

The Defendant, as such, did not bring the victim to attack and withdraw the said money from the drinking victim, but did not bring the victim a wind to report to an investigation agency, and did not commit an attempted crime.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant Al: Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (or both choice of imprisonment and fines);

B. Defendant A2: Articles 350(1) and 351 of the Criminal Act

2. Aggravation of concurrent crimes (Defendant A2);

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Discretionary mitigation (Defendant A1);

Article 53 and Article 55 (1) 3 and 6 of the Criminal Act (The circumstances include the fact that the error is pened in depth, the side effects have not occurred due to non-licensed dental practice, and the fact that it does not need any further dental practice)

4. Detention in a workhouse (Defendant A1);

Articles 70 and 69(2) of the Criminal Act

5. Suspension of execution (the defendants);

Article 62(1) of the Criminal Act (Consideration of the above circumstances in relation to Defendant Al), such as repeated consideration of the above circumstances, the first offense in relation to Defendant A2, the misunderstanding of the error, and the fact that the victim agreed smoothly with the victim, etc.

6. Social service order (Defendant A1);

It is so decided as per Disposition by the reason of two or more Article 62-2 of the Criminal Act.