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(영문) 전주지방법원 2013.05.23 2012고단3424
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for two years and fine for 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Criminal facts

Around May 2010, the Defendant, not dental doctors, laid a stoptoptoptop to D, which requires dental treatment at the residence of the Defendant, 103, 705, Jinjin-gu, Seoul Special Metropolitan City, and formed a stoptoptoptoptop model, regardless of the body part of the Defendant, and received 3,40,000 won under the name of medical treatment from around 200 to October 5, 2012, as shown in the list of crimes in the separate sheet of crimes, and engaged in dental treatment for about 14 patients, such as c toptoptop treatment, dental treatment, and stoptoptop treatment, and as a sum of 1,35,00 won, for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by the prosecution and examination protocol of the accused by the prosecution;

1. Each police statement made to D, F, G, H, I, and J;

1. Records and lists of police seizure;

1. Application of Acts and subordinate statutes to each investigation report (the details of card use, arrangement of books, confirmation of the victim, relation to the victim, list of offenses, addition of list of offenses);

1. Article 5 subparagraph 1 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 concurrent imposition of fines);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

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

1. The crime of this case, based on the reason for sentencing of Article 334(1) of the Criminal Procedure Act, was committed on the basis of the sentencing of the provisional payment order, where the defendant was not a dentist, and the proceeds of the crime are not many over a long period of time. In addition, in light of the period, frequency, and result of the crime, such as the damage to the respondent D, the crime is inferior, and its degree of crime is heavy.

However, the defendant depthed the mistake while making a confession of the crime of this case.

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