A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

When the defendant does not pay the above fine.

Punishment of the crime

No person other than a medical person shall perform medical practice.

Despite the fact that the Defendant is not an oriental medical doctor, from September 2, 2016 to September 16:30, 2016, at the mutual health and food sales store of “D” located in Chungcheong budget-gun C, the Defendant provided 20,000 won for each of the patients suffering from the patients suffering from the same as “D,” and provided oriental medical treatment services to the general public, such as the head, etc. of the patients.

Accordingly, the defendant was engaged in oriental medicine for profit-making purposes.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. E statements;

1. Application of statutes on site photographs;

1. Relevant Article 5 subparagraph 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (joint imposition of imprisonment with labor for a period of time and fines) concerning facts constituting an offense;

1. Article 53 and Article 55 (1) 3 and 5 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant and his defense counsel asserted that Article 27 (1) of the Medical Service Act, which is invoked by Article 5 of the Act on Special Measures for the Control of Public Health Crimes, infringes on all kinds of fundamental rights, such as the right to choose medical practice, the right to choose occupation, the right to pursue happiness, and the right to equality, and thus, the defendant cannot be punished based on the unconstitutional law.

Defendant

In addition, the defense counsel filed a motion for adjudication on the unconstitutionality of a law with this court (in early 39, 2017), but this court dismissed the above motion on May 8, 2017 for the following reasons.

However, the term "medical practice" under Article 27 (1) of the Medical Service Act is to prevent the disease caused by diagnosis, autopsy, prescription, medication, or surgical treatment with experience and function based on medical expertise.