A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a beauty shop in the name of “D” at a luminous shopping mall.

1. On April 17, 2016, the Defendant suffered from occupational injury and injury: (a) performed a procedure to remove the points on the bridge part of the victim E (the victim E, 34 years old) in the above “D”.

Since there is a risk of side effects, such as scarke, etc., in the case of the procedure to remove the points into the scarcity for the removal of occupation, the defendant has a duty of care to control the intensity of use of the device well and prevent side effects such as infection, etc. in advance.

Nevertheless, without obtaining a medical license, the Defendant, without being equipped with necessary facilities, and without being equipped with professional knowledge or experience, took part in the above-mentioned procedure by negligence in the course of business, in which approximately three weeks of treatment is required by the above-mentioned victim.

2. No person other than a medical person violating the Medical Service Act shall perform medical practice, and no medical person shall perform any medical practice other than that licensed;

Nevertheless, the Defendant, at the same time and place as referred to in the preceding paragraph, performed medical practice even if he did not have an intention to take the part in the victim’s terminal part, such as breaking anesthesia and cutting off sacrife by doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions for facts constituting an offense, Article 87 (1) 2, Article 27 (1) of the Medical Service Act (non-licensed medical practice, choice of imprisonment), Article 268 of the Criminal Act (the occupation of occupational and dental practice, and choice of imprisonment without prison labor);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act for the increase of concurrent crimes;

1. Crimes 1 (Food and Health) on the grounds of sentencing under Article 62(1) of the Criminal Act (amended by Act No. 1) (amended by Act No. 1 (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1) (amended by Act No. 1)) (amended by Act No.