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A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
No person, other than a medical person, shall perform medical practice, and no person, other than a dentist, shall engage in dental practice as a business for profit.
At around January 23, 2018, the Defendant, not dentists, received a request from D, who found the place of his house located in the Nam-gu Incheon Metropolitan City apartment C apartment house 103, and agreed to receive 400,000 won from D, to receive treatment, and agreed to receive 400,000 won from D, and performed dental treatment using dental appliances, such as anesthesia and Rain, to perform mal surgery using dental appliances, etc.
In addition, from January 2, 2016 to February 20, 2018, an average of 3-4 prosecutors from around February 2, 2018 were prosecuted as having performed dental practice with respect to “patients with an average of 10 persons per month” (an application for permission to amend an amendment to an indictment made on June 5, 2018), but the Defendant was not on average of 3-4 persons per month.
This part of the facts charged was revised ex officio, since it appears that the defendant's assertion is consistent with the facts according to evidence, such as a copy of a copy of the calendar (Evidence Record No. 99).
Dental treatment, such as colonic treatment and spora dental surgery, was performed by receiving money from the person who received the name of medical treatment from the person who received the money.
As a result, the defendant was not a dentist but a dentist who provides dental treatment for profit.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. Police seizure records and list of seizure;
1. Application of Acts and subordinate statutes to a copy of on-site photographs and calendar records;
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 (joint imposition of imprisonment with labor for a period of time and fines);
1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 62(1), 62(2), 1.