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(영문) 부산지방법원 2014.11.05 2014고단7304
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

A defendant shall be punished by imprisonment for a term of one year and a fine of five hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 15:30 on April 14, 2014, the Defendant violated the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Service Providers) was not a dentist. Around 15:30 on April 14, 2014, the Defendant demanded a DNA restaurant located in Busan-gu, Busan-gu, to 3 upper and lower parts of E, 3 upper and lower parts of E, 5 lower parts of E, and 8:50,000 won in cash.

Accordingly, even though the defendant is not a medical person, the defendant was engaged in non-licensed dental treatment business for profit.

2. Indecent acts by compulsion;

A. On April 14, 2014, at the same place as at around 15:00, the Defendant: (a) putting water into the victim’s entrance under the pretext of making booms of the victim E (n, 58 years of age); and (b) putting a part of anesthesia into the victim’s entrance; (c) holding the victim’s thrrings and cutting out water inside the clothes; and (d) putting the victim’s chest part into hand as if putting out water accumulated in the victim’s clothes, and committed an indecent act on the part of the victim by continuing to do so.

B. On the 19th 15:00 of the same month, the Defendant, at the same place as the preceding 15:00 of the same month, attached the victim’s brupt, and carried the victim’s brut with water, and in the same manner, met the victim’s chest, and continued to commit an indecent act by taking the victim’s brut with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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; Article 298 of the Criminal Act; and Article 298 of the same Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. The Criminal Act, the suspension of execution;

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