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(영문) 울산지방법원 2019.03.27 2019고단262
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment with prison labor for a year and six months and by a fine of 1.5 million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Even if the Defendant is not a dentist, from October 2015 to November 2015, 2015, at the residence of Ulsan-gu C (Inn, 44 years of age) located in Ulsan-gu B, and at the residence of c over three times, after removing the fright attached to C’s upper part of C’s upper part of his upper part of his upper part, and manufacturing and attaching the artificial bed, and at the left part of his upper part, 2 of his upper part of his upper part, 2 of his upper part of his upper part, 2 of his upper part and 3 of his upper part, 1.45 million won were paid from the above C as the medical expenses.

Accordingly, the defendant, not a dentist, was engaged in dental treatment business for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the police interrogation protocol of the accused;

1. Each police statement of C;

1. A report on internal investigation (in case of prompt treatment, attaching photographs of evidence thereof), photographs;

1. Application of Acts and subordinate statutes to report internal investigation (the attachment of data on details of account transactions with a suspected suspect A);

1. 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 (Concurrent Imposition of Imprisonment or Imprisonment with prison labor);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for mitigation of small amount;

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;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Imprisonment for one to fifteen years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for food and health crimes: [Type 2] No person who has a business-free medical practice [the scope of recommendation and recommendation] [the scope of recommendation field and recommendation] basic area, imprisonment with labor for a year and six months to three years [the general person] - The mitigated factors: serious reflectivity and no record of criminal punishment;

3. The fact that the defendant who was sentenced to punishment of this case led to the confession of the crime of this case and is divided, that the defendant has paid the patient the medical expenses of KRW 10 million as the medical expenses in addition to the full refund of the medical expenses, and that the age, character and conduct of the defendant and environment.

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