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(영문) 대구지방법원 2013.09.06 2013고단3112
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

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

The defendant does not pay the above fine.

Reasons

Criminal facts

On May 27, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and a fine of one million won for violating the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Service Providers) in the Daegu District Court Port Support on May 27, 2010, and completed the execution of the sentence on December 21, 2010.

No person other than a medical person shall perform medical practice.

Although the Defendant was not a medical person due to the lack of a dentist’s license, the Defendant engaged in dental treatment business for profit from March 2012 to November 14, 2012, 2012, in the Daegu-gu C Apartment 105 505 dong-gu, Daegu-gu, Daegu-gu, 2012, in the residence of 105 Da 505 Da, received KRW 2,300,000 from D, and provided to D and their respective wife E with a cover of the bar in their existing flass, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A copy of the police statement concerning G;

1. Police seizure records;

1. Each investigation report (Submission of relevant materials by a complainant, attachment of seized materials to photographs, hearing statements by H who received illegal medical practice and reporting);

1. Previous records: References to criminal records, and application of each investigation report (applicable to suspect's previous records, attachment of court rulings, report on binding of copies of court rulings);

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes (Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

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

1. According to the sentencing guidelines for sentencing under Article 334(1) of the Criminal Procedure Act, the crime of this case constitutes Type 2 business-free medical practice among the illegal medical practice of the Food Health Crime Group, and the scope of recommending punishment is from 2 years and 6 months to 4 years (aggravated Cumulative Offense).

The crime of this case is due to unlicensed medical practice and thus, the life and health of the recipient.

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