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(영문) 창원지방법원 진주지원 2014.02.12 2013고단1294
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of 3,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 17, 2013, the Defendant received dental treatment amounting to 100,000 won from the House E of Jinju-si as a cycle of dental treatment at 08:00,00, and received from 100,000 won in advance using one-time injection instrument in E, and made thring and rhing the path of 3, 4 pump, respectively, into the upper left left and right right and right after putting the path of gym and rhing, and then manufacturing the path and ging, manufacturing the path, and ginging the gings, and then putting the gings and gings produced using the gings produced as above (6 gings, each 5,6,7 pump, etc.) from 00,000 won to 0,700,000 won and 7,000.37,07,00.7,00

As a result, the defendant is not a dentist but a dentist, who is engaged in dental treatment for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E, G, and H;

1. Records of seizure, list of police officers;

1. Requests for financial transaction information, replies, specifications of each passbook, and copies of each passbook;

1. Each photograph;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Public Health Crimes at issue; Article 27 (1) of the Medical Service Act (generally, choice of limited imprisonment and concurrent imposition of fines);

1. Mitigation of discretionary mitigations under Articles 53, 55(1)3 and 6 of the Criminal Act (The following circumstances considered favorable to the reasons for sentencing):

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

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated in favor of the reasons for sentencing);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act is the same crime in 2005.

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