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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

No medical person shall engage in medical service without establishing a medical institution under the Medical Service Act, and render medical service within such medical institution.

The Defendant obtained a herb doctor’s license on March 5, 1994, and opened a DNA clinic located in Ansan-si from around August 20, 2001, but provided medical services outside a medical institution by treating patients from the side of Gwon operated by the spouse F on the second floor of the E building in Gyeonggi-nam-si from March 1, 2009 to April 20, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to I and J;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant provisions of the Act on Criminal Facts and Articles 90 and 33 (1) of the Medical Service Act for the Selection of Punishment (generally, referring to the selection of fines)

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

3. Determination of the Defendant and defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that the treatment at the request of a patient constitutes a case where treatment outside a medical institution can be provided pursuant to Article 33(2) of the Medical Service Act.

2. As a matter of principle, the Medical Service Act allows a medical person to engage in the medical business within a medical institution established by a medical person to provide medical services refers to the prevention or treatment of diseases caused by medical treatment, diagnosis, prescription, medication, or surgery conducted by a medical person based on medical expertise, as a type of medical practice that cannot be performed by a medical person, in order to prevent any deterioration in the quality of medical treatment and any infringement of the patient’s right to receive adequate medical treatment from outside the medical institution, etc.