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(영문) 서울북부지방법원 2012.07.26 2012노561
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles: The defendants' act in relation to the facts constituting the crime in the judgment of the court below is not for profit-making medical practice as a result of receiving tuition fees and conducting education on bedclothes, etc., which is not for profit-making medical practice, and even if it is justified as a legitimate act that does not violate social norms, there is an error of misapprehension of legal principles in the judgment of the court below that recognized the defendants as a crime of violation

B. The lower court’s each sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to whether a medical practice for profit was conducted for the purpose of profit-making, the defendants were provided with education as to bedclothes to an unspecified number of students while operating "I" in Seoul, Gwangju, Busan, Daegu, and Jeonju from July 1, 200 to December 31, 201, and received education as a part of the training course, 50,000 won for each student, and 650,000 won for the basic course per course, 650,000 won for each student, and 1.2 million won for each instructor as part of the training course. As part of the training course, it can be acknowledged that the instructors directly performed their physical condition, or cause the students to have a part of the training course f5 years old or older, inflict upon their body or put a part of the other party, and caused the students to do the above bedclothes to do so.

In light of the degree, nature and purpose of knowledge necessary to perform the above procedure, persons subject to the above procedure, the defendants' instructions, supervision, and the operation period and size of the above I, the above procedure constitutes medical practice. As long as the defendants received tuition fees or tuition fees in relation to the above procedure from students, they can be viewed as profit-making.

(2) When any act of practice falling under the medical practice is performed without a license, the act of practice is considered to be broad and easy, and it is caused by the procedure.

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