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(영문) 전주지방법원 2017.10.26 2017노660
의료법위반교사
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The North Korean branchF, which received subsidies from the State and operated a water treatment room for the reason that the Defendants’ common appeal D prior to the misunderstanding of facts and operation of the water treatment room. The Defendants misleads the Defendants into misunderstanding that the act of giving physical treatment as stated in the facts charged was not a crime, and there is a justifiable reason for misunderstanding, so the Defendants cannot be punished pursuant to Article 16

2) Defendant A’s ground of appeal did not instruct Defendant A to provide physical treatment without a doctor’s guidance.

B. The punishment of each sentence against the Defendants (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1 million) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendants’ common grounds of appeal did not constitute a crime.

there is a good reason to believe that there is a good reason to believe

subsection (b) of this section.

Therefore, this part of the Defendants’ assertion is without merit.

1) The fact that Defendant B was already aware of the fact that he cannot give physical therapy without a doctor’s prescription or instruction as a physical therapy.

2) Defendant A’s suspected violation of the Medical Service Act, which was subject to a disposition of non-guilty on September 21, 2007, was committed prior to the appointment of Defendant B, and appears to have committed simple acts, such as the operation of a massage, unlike the physical therapy of this case (No. 1st page 422 of the evidence record). (3) The Defendants’ erroneous interpretation of the relevant Acts and subordinate statutes, and thus, did not constitute a crime of operating a physical therapy room with subsidies from the government of the area adjacent to the former North Korea.

It is true that it is only believed, and it is not possible to operate a physical therapy room without a doctor's guidance to related agencies, etc.

B. The ground for appeal by Defendant A is based on the evidence duly adopted and examined by the lower court.

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