Acquittal of the accused shall be acquitted.

1. No person, other than medical personnel, may engage in medical practice;

Nevertheless, around May 2008, the Defendant injected the 1,200,000 won by using the injection equipment from D Apartment 202, 202, 201, and 1,200 won.

2. Determination:

A. The main text of Article 27(1) of the Medical Service Act prohibits a person, other than a medical person, who is prohibited from performing any medical practice without a license, by providing that “no person, other than a medical person, shall perform any medical practice, and no medical person, other than a licensed one, shall perform any medical practice.” Article 87(1)2 of the same

In addition, Article 5 subparag. 1 of the Act on Special Measures for the Control of Public Health Crimes provides aggravated punishment for "a person who is not a doctor and conducts medical practice for profit in violation of Article 27 of the Medical Service Act."

However, since non-licensed medical practice is expected to repeat the same crime due to the nature of the constituent elements of the crime, if a person who conducts non-licensed medical practice for profit-making purposes continues to conduct multiple non-licensed medical practice for a certain period of time under the criminal intent repeatedly and continuously, and such damage legal benefits are the same, each act should be punished by a single comprehensive crime.

Meanwhile, in a case where a judgment becomes final and conclusive with respect to a part of a crime related to a single comprehensive crime, the judgment of acquittal shall be rendered by the final and conclusive judgment after res judicata of the final and conclusive judgment has not yet expired (see, e.g., Supreme Court Decisions 94Do1318, Aug. 9, 1994; 2006Do1252, May 11, 2006). Such a legal doctrine likewise applies to a case where multiple non-licensed medical practices of a person engaging in a non-licensed medical business for profit-making purposes are in the relation of a single comprehensive crime and the judgment becomes final and conclusive.