Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

At around 16:00 on December 7, 2012, the Defendant, at D dental clinics located in Gyeyang-gu Incheon Gyeyang-gu Incheon, had E, an assistant nurse, who is not a medical personnel, provide F with a nearby f with a f with a flab, traw, but with a flab.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on the legal statement of witness G and witness E in part;

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) and 27 (1) of the same Act concerning criminal facts, the selection of fines;

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

1. First of all, the determination of the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the claim by the Defendant and the defense counsel, the Defendant and the defense counsel asserted that the act by E, who are the trainees of the assistant nurse, can be deemed as the Defendant’s own act and thus, does not constitute an unlicensed medical practice. However, in light of the legislative purpose of the Medical Service Act, the scope of medical practice should be strictly limited and interpreted, and even if the Defendant was instructed and supervised by the Defendant, E, who is the nurse of the assistant nurse, cannot be deemed as an act of taking assistant as a medical practice (see Supreme Court Decision 2005Do5652, Dec. 9, 2005).

Then, the defendant argues that his act constitutes a mistake of inclusion in the medical law because he had been unaware of his act in violation of the Medical Service Act and the act of misunderstanding as mentioned above is justified, and thus the responsibility is denied. However, when the defendant was in a university hospital, there was no problem even though the nurse of the assistant nurse was taken under the direction of the doctor, but there was no problem.

In the event of an interview with a nurse E, it is difficult to view that there is a justifiable reason solely for the reason that he was satisfying that he was unable to take care of the nurse while taking care of the nurse in a general hospital.