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(영문) 대구지방법원 영덕지원 2019.05.29 2019고단34
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 22, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and six months and a fine of three million won for a violation of the Act on Special Measures for the Control of Public Health Crimes at the Daegu District Court (Unlawful Medical Service Providers), and the Defendant completed the execution of the sentence at the first correctional institution of the North Korean Dos on February 18, 2015.

On October 2017, the defendant accepted the request from B to request for the procedure to be conducted in front of the depression.

Since then, at around 09:00 on October 10, 2017, at around 09:00, the Defendant: (a) placed anesthesia from the second floor of the community hall in Yong-gun, Chungcheongnam-gun; (b) performed treatment, such as injecting five son; and (c) received KRW 1,00,000 from the victim for the purpose of treatment; (d) received 00,000 from the victim for the purpose of treatment; and (e) performed treatment on October 23, 2017, at the same place as 09:00; and (e) received KRW 50,000 from the victim for the purpose of treatment; and (e) received 50,000 from the victim for the purpose of treatment; and (e) received 00,000 won for the treatment from the victim for the first time.

As a result, although the defendant is not a dentist for profit-making purposes, he/she has been engaged in dental treatment activities such as treating B children over three times and receiving a total of KRW 2.5 million from B for medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each report on investigation;

1. Statement of opinion;

1. Each photograph, account transaction details, on-site map, and video CD;

1. Previous records of judgment: Criminal history records, each investigation report (report on confirmation of the same kind of force, and reporting on the date of release from the military court), and the application of Acts and subordinate statutes;

1. Selection of a limited term of imprisonment, including 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 and the main sentence of Article 27 (1) of the Act;

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