Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Punishment of the crime

Defendant

A is the director of E dental clinic located in E, E, Ma, and the defendant B is the nurse of the above Council members.

No person other than a medical person shall perform medical practice.

1. Around May 9, 2016, Defendant B, who is not a medical person, performed medical practice, such as photographing patients F oral X-ray in the above E dental clinic.

2. Defendant A’s Defendant A’s medical practice was performed by a private person in nursing operation, even though he was not a medical person, as prescribed in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A public official statement in G;

1. An investigation report (to make a report on telephone calls of an accusers related to the scope of duties of nursing and relief assistants);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant legal provisions and Defendant A who is subject to the option of a sentence concerning facts constituting a crime: Selection of fines under Articles 91, 87(1)2, and 27(1)2 of the Medical Service Act; Articles 87(1)2 and 27(1)2 of the Medical Service Act;

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

1. Determination as to the Defendants and their defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act regarding the provisional payment order

1. The gist of the assertion (1) The crime of this case is where Defendant B, who is a private person in nursing assistant, performs the duties of dental technicians.

In such cases, since the Medical Service Act and the Medical Technicians Act are in a special relationship among the provisions of the Act, only the Act on Medical Technicians, etc., which is a special law, should be applied.

② Defendant A does not constitute a crime because he/she has exercised considerable care and supervision to prevent nursing assistants from performing their duties due to the employment of dental technicians.

2. Determination (1) In the special relationship, which is a form of a law landscape agreement, an action that satisfies the requirements of the special law, on the contrary that satisfies the requirements of the general law, shall meet the requirements of the composition of the special law, in the case of a special relationship where a requirement of the composition should be satisfied, in addition to all the elements of the other composition