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(영문) 서울서부지방법원 2020.07.22 2020고단1770
의료법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than a medical person, shall perform medical practice, and no person, other than a dentist, shall perform dental practice.

Although the Defendant is not a dentist, around March 24, 2019 and around March 28, 2019, the Defendant provided dental treatment in a manner that: (a) around March 24, 2019; (b) around March 28, 2019; (c) around two right upper rayers of Eunpyeong-gu Seoul; and (d) three left upper rayers; and (c) received KRW 750,000 in return.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 87(1)2 and Article 27(1) of the former Medical Service Act (Amended by Act No. 16375, Apr. 23, 2019);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendation [decision of types] according to the sentencing guidelines for food and health crimes: Prohibition of Illegal Medical Practice [Type 1] Simple Unlicensed Medical Practice [the scope of recommendation field and recommendation range] basic area, imprisonment for eight months through two years;

2. Determination of sentence [limited circumstances] is recognized and contradictory to the determination of sentence.

All the payments received as an unlicensed dental practice have been returned to D, and in addition, one million won has been transferred to D.

[Incompetence] The criminal records of criminal punishment for the same crime have a record of force.

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