logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2015.08.12 2015고단866
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of 2,00,000 won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

No person, other than a medical person, shall provide medical services, and no person, other than a dentist, shall provide medical services for profit, in violation of this Act.

Nevertheless, on March 2012, the Defendant, without obtaining a dentist’s license, administered a boiler (one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred and one hundred thousand won in return for the practice.

In addition, the Defendant, around March 2013, administered the mold to F from Pyeongtaek-si E-Ba 102, and received KRW 2,450,00 in return.

Accordingly, even though the defendant is not a dentist for profit-making purposes, the defendant was engaged in dental practice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement made to F and D;

1. Application of Acts and subordinate statutes, such as dental photographs;

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 (generally, choice of limited imprisonment and concurrent imposition of 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. Article 62-2 (1) of the Criminal Act on Probation;

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

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (one year and six months to three years) (no special person) of the two types of illegal medical acts and the basic area (one year and six months to three years) of such acts;

2. According to the circumstances unfavorable to the Defendant, the Defendant recognized the instant charges and reflects his mistake, and the other party to treatment knowingly permitted the Defendant to provide medical treatment, in fact, even though there is a high risk of causing harm to the health and body of the people due to the non-licensed medical practice without a license, and even if there was a history of punishment for the same kind of mistake, etc., the Defendant has committed the instant crime.

arrow