Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

Defendant

A is an oriental medical doctor who operates a single Council member under the mutual name of "E restricted Council member" from the wife population D in Young-si.

On July 2, 2014, the Defendant instructed F, an employee of Korea Medical Center, to provide electrical treatment using heat and interference radio wave therapy to patients under the name of Korea Medical Center, and F, according to the direction above, was conducted by the Defendant.

Accordingly, the defendant assisted a person who is not a medical person to provide medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes by a receipt of medical expenses or by cutting down a physical therapy image;

1. Article 87 (1) 2 and Article 27 (1) of the Medical Service Act, Article 31 (1) of the Criminal Act and Article 31 (1) of the same Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the claim of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the F’s act, which is the principal offender, constitutes an act that provides that medical technicians (medical technicians, etc.) may be provided in the “Medical Technicians, etc. Act” during medical practice, F and the Defendant shall be subject to the “Medical Technicians, etc. Act” rather than the Medical Service Act.

However, Article 1-2 subparag. 1 of the Medical Technicians, etc. Act provides that “A medical technician means a person engaged in medical treatment or medical examination under the instruction of a medical doctor or dentist.” In the case of a herb doctor, unless a medical doctor has a medical doctor’s license or dentist’s license, there is no right to instruct a medical technician (see Supreme Court Decision 2010Do2534, Jan. 13, 201). In this judgment, even if a herb doctor had a medical doctor holding a license for physical therapy to provide oriental medical treatment, he/she is deemed to have committed a crime of non-licensed medical practice.

In cases of a defendant who is a herb doctor, the Medical Technicians, etc. Act.