(영문) 부산지방법원 2017.07.19 2017고단2718

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줄 간격

자간(%)

(영문) 부산지방법원 2017.07.19 2017고단2718

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months, and fine of seven thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

Despite the fact that a person, other than a medical person, is unable to perform medical practice, the Defendant: (a) around November 10, 2016, at the residence of D located in Busan Eastdong-gu, Busan, the Defendant: (b) took care of dental treatment in a way that he/she gets off with D and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her shes, and (c) her her her her her her her her her her her her her shes with another her her her her her her her her her her her her her her her her her her her her her, and received KRW 1,800,000 from D.

As a result, the Defendant was engaged in dental practice for profit-making purposes by a person other than a dentist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the sequence 18,19 of the evidence list);

1. Application of each of the Acts and subordinate statutes on account transactions;

1. Relevant 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 (including inclusive), the choice of an organic imprisonment, and the concurrent imposition of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of recommendation] / [the scope of punishment / [the grounds for sentencing] / The basic area (one year and six months to three years) of the two types of illegal medical acts (business-free medical practice) [the person who is subject to special sentencing] / [the decision of sentence] / there is no history of punishment exceeding the fine, the fact that there is no history of punishment exceeding the fine, and that there is no longer any need to no longer perform dental treatment without a license, and the fact that no longer is to perform the medical treatment without a license shall be determined as the sentence as ordered in consideration of the sentencing conditions

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