Whether the act of establishing spine correction rooms in a gymnasium and treating disc patients constitutes medical practice under Article 5 of the Act on Special Measures for the Control of Public Health Crimes.

If a person, without a doctor's license, installs a spin correction room in a gymnasium, installs a therapy room in a gymnasium, installs a disc patient on the gymnasium to treat the disks, and conducts an unfolding and unfolding one of his/her legs, gymar, spine, etc., on the pretext of treating the disks, it is reasonable to deem that the act constitutes a medical practice under the Medical Service Act, and further, if the patient received medical expenses from the patient, it is engaged in medical practice for profit under Article 5 of the Act on Special Measures for the Control of Public Health Crimes.

Article 25 of the Medical Service Act, Article 5 of the Act on Special Measures for the Control of Public Health Crimes

Defendant 1 and one other

Defendants

(P) Truth (for all the defendants),

Seoul High Court Decision 85No1441 delivered on December 12, 1986

All appeals are dismissed.

The grounds of appeal by the defendants 1 and the defendants are examined together.

Examining the evidence at the time of the first instance judgment cited by the court below in light of the records, we cannot accept the argument that there was an error of misconception of facts against the rules of evidence in the judgment of the court below, since it is difficult to acknowledge the criminal facts in the original trial against the defendant

In addition, as determined by the court below, if the defendants without a doctor's license committed an act such as laying off the ebrate correction room in the sports hall in the judgment of the court below and laying off the ebbrate, the ebbrics, etc., the disc patients, and taking off and using one bridge, such as the ebbrh, brh, spine, etc. on the ebrh and bended, it is reasonable to view that the above Defendants' act constitutes a medical act under the Medical Service Act. Furthermore, during the period from September 19, 1984 to the 26th of the same month, the defendants' act constitutes a medical act under the Medical Service Act. In addition, if the defendants were to provide treatment disks for the above ebrh and 205,000 won in total from the above ebbrgicals, and received treatment fees from the above ebbrgrative patients, the court below's decision is justified in the misapprehension of legal principles as to the Defendants' health control of Article 5 of the Medical Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jin-Post (Presiding Justice)