[보건범죄단속에관한특별조치법,의료법위반][집18(2)형,095]
Since non-licensed medical practice is a comprehensive crime before and after the enforcement of the Act on Special Measures for the Control of Public Health Crimes, the above special law shall be applied to the whole act, and there is no need for the new law.
Since non-licensed medical practice which has been conducted before and after the enforcement of this Act is repeated as a single doctor, it is a comprehensive crime, it is punishable by applying this Act to the whole act, and there is no need to provide the new law between Article 25 and Article 25 of the Medical Service Act.
Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 25 of the Medical Service Act, Article 298 of the Criminal Procedure Act
Defendant
Seoul Criminal District Court Decision 70No144 delivered on June 11, 1970, Seoul High Court Decision 70No144 delivered on June 11, 1970
The appeal is dismissed.
We examine the grounds of appeal by the counsel.
According to the facts charged prior to the change against the defendant, the defendant opened and operated a three-day Council member from around August 1968 to November 14, 1969 in the Chungcheongnam-gun budget-gun in the present place of residence, and opened a three-day Council member at the current place of residence, and provided medical services by medication to two or three children, patients, etc. with a single intention. Thus, these unlicensed medical practices are repeated as a single intention and constitute a comprehensive crime. Therefore, if Article 5 of the Act on Special Measures for the Control of Public Health Crimes (hereinafter "Special Measures"), if the provision of Article 5 of the Act on Special Measures for the Control of Public Health Crimes is newly established for the purpose of profit-making, all of them shall be punished as a comprehensive crime, and there is no need to do so. Accordingly, according to the records, the prosecutor modified the indictment concerning only the acts after the enforcement of the Special Measures for Public Health Crimes in accordance with due process of law, and the application of the above Special Measures for Public Prosecutor is justified, and it is not justified as violating the principle of no amendment to the amendment.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices of the Supreme Court (Presiding Judge) Park Jae-dong (Presiding Judge)