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(영문) 전주지방법원 남원지원 2019.08.13 2019고단79
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Although the Defendant is not a dentist, he/she received KRW 700,00 from B on March 28, 2017, and thereafter made and saw B from November 14, 2017 to November 14, 2018 using tools, such as deletion devices, etc., in the Defendant’s residence located in Yong-si, Namwon-si. The written indictment states that “B’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her son’s son’s her son’s son’s her son’s her son’s her.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to the Investigation Report (D Statements);

1. Relevant 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 (generally, choice of limited imprisonment and punishment 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. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

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 one million won from ten million won;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to the range of recommendations (the determination of types] for food and health crimes. Illegal medical acts shall be limited to non-licensed medical acts (the type No. 2) (the scope of recommendations and recommendations]. The scope of recommendations shall be limited to the basic area; the basic area of recommendations and recommendations; the number of years and six months to three years shall be changed.

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