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(영문) 수원지방법원 2020.09.14 2020노1226
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since it is merely an act of management of the skin that sets the head, shoulder, etc. in the form of a fluorial pressure conducted by the defendant in mistake of facts, it does not constitute an act of massage under the Medical Service Act.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. Article 2 of the Rules on Marine’s argument of mistake of facts provides that the duties of a Marine shall be the duties of performing physical therapy against the human body in accordance with various cateral methods, such as massage, mathy, and pressure, or in accordance with the use of electrical appliances or by other cateral methods. Here, the various cateral methods refer to physical therapy in order to facilitate the blood cycle and to promote the mitigation of symptoms, such as pain, etc., such as pain, marine, mathy, and skin pressure, in his/her hand, by chilling a human body part, such as mathy, mathy, and skin pressure, regardless of the name of the Marine, mathy, and mathy, and so on.

(See Supreme Court Decision 2001Do6554 Decided January 29, 2004, etc.). In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant stated that he committed an act of cutting down a part of a customer’s body or guns by cutting up, cutting, or cutting down, or cutting down his body or guns up, up to the trial by the investigative agency; ② the Defendant stated that he was inside the body, such as a shoulder, shoulder, arms, arms, etc.; ③ the Defendant was holding a national technical qualification certificate for an skin, but the Defendant’s math and math included a part that is not closely superior to the skin, such as a shoulder, neck, arms, etc.

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