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(영문) 광주지방법원 2018.03.16 2017고단4960
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment with prison labor of two years and six months and by a fine of three million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal records] On July 24, 2013, the Defendant was sentenced to two years of imprisonment and a fine of three million won on March 14, 2015 by the Gwangju District Court for a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Personnel).

[2] Although a person, other than a medical person, is unable to perform medical practice, the Defendant is not a dentist, the Defendant engaged in dental practice for profit on two occasions as follows.

1. On June 2016, using a fluoral tool prepared in advance at the house location of the D in Gwangju-dong-gu, Gwangju-gu, Gwangju-do, 200,000 won and 220,000 won for the treatment expenses, after cutting the fluoral model on the left side of D, and attaching approximately 15 days of scrap metal to the fluoral and then being delivered;

2. On September 2016, 2016, in such a way as to attach the amount of Daex set up in advance at the end of the front part of G at the F Rest in the F Rest E located in the south Qyang-gun of F, the date of which was 8,000 won and then receive 8,000 won as the name of the treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, D, and H;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

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 (including inclusive), the choice of imprisonment with labor for a limited term and the concurrent imposition of fines;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act (amended by Act No. 70(1) and Article 69(2) / [the scope of recommendation] the aggravated area (two to four years) of the two types of illegal medical acts (business-free medical practice) [special aggravated)] of the same type repeated crime [a person who has been sentenced] of the same type of crime [a person who has been sentenced] and has been punished several times for the same type of crime (five times of imprisonment, five times of fine, one time of fine). In addition, the crime of this case was committed again during the period of repeated crime, such as the defendant's age, health, frequency and period of the crime, and circumstances after the crime.

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