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(영문) 부산지방법원 2017.04.12 2017고정213
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a pressure service business center under the trade name of “C” in Busan Jung-gu.

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

Nevertheless, on September 20, 2015, the Defendant: (a) performed a medical act using his hand to alleviate the fluence of the brush of the brush; (b) using his hand to inflict pressure or force on the brush; and (c) received KRW 30,00 won per one time in return for the medical act; and (d) 27 persons from around that time to September 6, 2016 were to receive a total of 37 times a licenseless medical act, such as the list of crimes, in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A police internal investigation report (on-site verification, attachment of photographs, and attachment of reservation plan photographs) / (a medical practice refers to prevention or treatment of a disease caused by diagnosis, autopsy, prescription, medication, or surgical surgery based on medical expertise, and other acts likely to cause harm to public health if performed by a medical person; and (b) whether massage or breatension constitutes a medical practice is not mere procedure for recovery from the disease, but also treatment of a disease by means of considerable physical shock on the body, which is likely to cause harm to public health, i.e., medical practice (see Supreme Court Decision 9Do4542, Feb. 25, 200). According to the above evidence, according to each of the above evidence, the Defendant’s act constitutes a medical practice beyond the mere degree of recovery from the disease, and constitutes a treatment act of a disease beyond the extent of recovery from the disease, and constitutes a medical practice).

Application of Statutes

1. Article 87(1)2 of the Medical Service Act and Article 27(1)1 of the Act on the Selection of Criminal Crime

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