의료법위반
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 1,000,00 and by a fine of KRW 500,00.
1. Summary of grounds for appeal;
A. The lower court found Defendant A not guilty of the facts charged in the instant case on the ground that Defendant A’s act of non-licensed medical practice was in violation of the social norms, and thus, its illegality was denied. In so doing, the lower court erred by misapprehending the legal doctrine.
B. The judgment of the court below which acquitted Defendant B, despite the fact that Defendant A's act was found guilty and the aiding and abetting Defendant B, is erroneous in the misapprehension of trial and determination.
2. Determination
A. The summary of the facts charged in the instant case is the Defendants and G are members of the H-dong Association Act.
Defendant
B operates the "J" in Busan Shipping Daegu I, 1129, and the above office is also a meeting place of the above-mentioned club.
1) No person, other than a medical person who violates the Medical Service Act of Defendant A, may conduct medical practice.
Defendant
A, even if it is not a medical person, around 16:50 on June 14, 2014, affected the body of G, which was accumulated in the bedroom of the above office, and thereafter, performed medical practice by taking advantage of the father engine, by taking advantage of the father engine.
2) Defendant B aided and aided and abetted the pertinent unlicensed medical practice by providing a beds with respect to the medical practice described in paragraph (a) and inserting the incidental method to A.
B. The lower court determined as follows: (a) Defendant A had been working for Defendant A from around 2003 to around the end of 2013 for Defendant A; and (b) Defendant A and G had a pro rata relationship in light of the fact that the said club members were not more than six members; and (c) Defendant A had a pro rata relationship; and (d) Defendant A had committed a pro rata conduct in return for any promise from G for any consideration.
There is no evidence to see. (3) G does not directly take part on the part of the house on the day of this case, and as it does not take part on the part of the ship, G is limited to the part of the above defendant at the office of this case.