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(영문) 수원지방법원 평택지원 2015.09.24 2015고단911
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendants shall be punished by imprisonment for one year and by a fine of 1,00,000 won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendants, who are not dentists, are prohibited from engaging in dental treatment for the purpose of profit-making. However, when Defendant A made a fluoral body fluoral body fluoral body fluoral body fluoral body fluoral body fluoral body fluoral body fluoral body fluoral body fluoral body fluorals, Defendant B

1. On February 22, 2015, Defendant A, at around February 22, 2015, collected the son’s upper part of H and lower part of H’s house located in Pyeongtaek-si G, and Defendant B, at around February 22, 2015, made a mold by inserting the recovered son’s upper part of the son’s house in the form of a mold, attaching the son’s sex and heating the liquid, etc., and received two million won in cash in return.

2. On March 2015, Defendant A, who committed early March 2015, collected 40,000 won in cash for the purpose of manufacturing K’s mold at the residence of Nonindicted Party J, which was located in Ha in Masung City, and Defendant B, by inserting the collected patototototo to the mar mold, made a mix by attaching the mix and heating the liquid, etc., and received payment in return.

As a result, the Defendants conspired to engage in dental treatment as a business even though they are not dentists for profit.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to H and K;

1. Records of seizure and the list of seizure;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes applicable to the Acts and subordinate statutes governing seized objects, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment or imprisonment with prison labor and fines);

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 62 (1) of the Criminal Act;

1. Where the reason for sentencing under Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommendation] the mitigated area (one to two years and six months) of the mitigated area (one to two years and six months) (the special mitigation person] medical practice itself is objectively dangerous or the treatment effect is revealed (the decision of sentence] of the Defendants.

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