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(영문) 부산지방법원서부지원 2020.09.22 2020고정352
의료법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant and B are co-representatives of “D Council members” in the 5th floor of Busan Ho-gu C building, and E (work period: from July 30, 2017 to September 30, 2019), F (from January 1, 2019 to September 30, 2019), G (from January 4, 2019 to September 7, 2019), H (H (from January 4, 2010 to March 7, 2019), I (from March 2, 2019 to March 2, 201), J (from March 2, 2018), K (from June 12, 2019 to June 12, 201), and current or former employees of the said D Council members.

No person shall perform duties, such as duties concerning the prevention of dental or oral diseases, sanitary control, etc. without a license for a dental sanitarian.

Nevertheless, from October 2018 to September 2019, the Defendant and B provided medical treatment and treatment to patients who visited the Council members, and ordered them to perform the duties of dental sanitarians, such as radiation photographing, e, F, G, H, I, J, K, and L without a dental sanitary license. The Defendant and B instructed them to perform the duties of dental sanitarians in accordance with the direction of the Defendant and B. E, F, G, H, I, J, K, K, and L to perform the duties of unlicensed dental sanitarians in accordance with the direction of the Defendant.

Accordingly, the Defendant, in collusion with B, E, F, G, H, I, J, K, L, etc., performed the duties of dental sanitarian without a dental sanitarian license.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report of the suspect interrogation protocol of the accused to H, J, I, K, E, L, F, B, and G (verification of qualifications as a dental inspector and assistant nurse) of each police officer's interrogation protocol of the accused;

1. Relevant Article 30 (1) 1, the main sentence of Article 9 (1), and Article 30 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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