2015 Fixed 2012 Medical Care Teachers

New ① (71 year olds, South Koreas, and Faz.)

Housing Sung-nam City

Reference domicile Gyeongbuk-gu District

This Court Decision 201Hun-young11 delivered on April 1, 201

Law Firm New Name, Attorney Yang Soo-soo

November 26, 2015

Defendant shall be punished by a fine of KRW 1,00,00.

Defendant who converted the amount of KRW 100,000 into one day when the above fine has not been paid;

shall be confined in a workhouse.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

The defendant is a herb doctor who operates one member with the trade name of "one member" from the time when the defendant is allowed.

On July 4, 2014, the Defendant instructed ○○○ patient, who was found to have been found for the purpose of treating her employee knives, Kim knives, to give electricity treatment using heat and interference wave therapy to her employee, and Kim knives, Kim knives, etc. according to the direction.

Accordingly, the defendant assisted a person who is not a medical person to conduct medical practice.

Summary of Evidence

1. The defendant's partial statement in court;

1. The protocol of interrogation of police officers on Kim Man't;

1. A criminal investigation report (to take photographs inside one council member and attach them thereto);

1. A written petition;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 87(1)2 and 27(1) of the Medical Service Act, Article 31(1) of the Criminal Act and the selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judgment on the argument

The Defendant, a principal offender, falls under the act that provides that a medical technician (water clinic) may be employed in the Medical Technicians Act, etc. during his/her medical practice. Thus, the Defendant’s act constitutes Kim ○○ and the Defendant.

However, Article 1-2 subparag. 1 of the Medical Technicians, etc. Act provides that "a person engaged in medical examination or chemical examination under the instruction of a doctor or dentist." In the case of a herb doctor, unless a doctor or dentist has a license, unless otherwise, a medical technician is entitled to guide a medical technician. (see Supreme Court Decision 2010Do2534, Jan. 13, 201). In the case of a defendant who is a herb doctor, it is difficult to deem that the Act on Medical Technicians, etc. is applicable only to the case of a defendant who is a herb doctor, and it is difficult to deem that the application of the Medical Service Act is excluded merely because the act of Kim Man as a principal offender is prescribed as one of the acts that can be performed by a medical engineer under the Medical Technicians, etc. Act. Thus, the above assertion by the defendant is rejected.

Reasons for sentencing

In light of the fact that the risk of crime is not significant, the amount of fine prescribed in the summary order shall be reduced partly by taking into account the sentencing cases of the same kind of case prosecuted at a similar time, and the punishment shall be determined as ordered.

Judges Equitable

1) In this decision, the case where a herb doctor had a medical technician who has a license for physical therapy, engage in herb therapy.

It was found that a teacher of an unlicensed medical act has been established.