The number of crimes in which medical practice has been conducted for profit-making purposes without a license.

In the event that a person without a doctor's license continues to engage in medical practice for profit-making purposes, a licenseless medical practice over several occasions is a violation of the Act on Special Measures for the Control of Public Health Crimes.

Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 25 of the Medical Service Act (Law No. 1035)

Supreme Court Decision 70Do1393 Decided August 31, 1970 (Kakadd. 9115; Supreme Court Decision 18B-95; Decision No. 5 (1) of the Act on Special Measures for the Control of Public Health Crimes and Decision No. 1582)

Defendant

Prosecutor

Busan District Court Musan Branch Court (73 High Gohap51)

We reverse the original judgment.

A defendant shall be punished by imprisonment for a year and a fine of KRW 100,000.

When the above fine is not paid, the defendant shall be confined in a workhouse for a period calculated by converting the amount of KRW 1,000 into one day.

The seventy-five days of detention days prior to the declaration of the original judgment shall be included in the above imprisonment.

The defendant shall be confiscated both of the following: one Cheongjin-jin (No. 1), 30cc. 1 (No. 2), 20cc. 3, 20cc. 1 (No. 3), 20cc. 1 (No. 4), 14 (No. 5), 14 (No. 6), 2 (No. 7), 3 (No. 8), 20cc. 1 disease (No. 9), 10cc. 10 (No. 10), 4 U.S. 50cc. 12, 13 (No. 14) , 13 (No. 14) , and 14 (No. 14) .

The gist of the grounds for appeal by the prosecutor is that the determination of the sentence imposed by the court below is too unfasible and unfair, and considering various circumstances in light of the circumstances shown in the argument of the court below and the records of the first instance court, the punishment imposed by the court below is reasonable, and there is no reason to appeal by the above prosecutor since it is not deemed unfair. However, ex officio comparison of the records of the judgment below with the records, the so-called violation of the Act on Special Measures for the Control of Public Health Crimes is conducted for profit-making purposes without the doctor's license. Thus, since the continuous repeated act is naturally anticipated, it should be considered as one violation of the above special measures, including all non-licensed medical acts conducted at the time of the original trial against the defendant, and thus, it should be considered as a violation of the above special measures. However, the court below should reverse the judgment in this regard, if we reverse the judgment, and it should be decided in accordance with Article 364 (2) of the Criminal Procedure Act.

The facts and evidence admitted by the trial court shall be cited as "a statement consistent with the facts in the trial proceedings of the defendant" which conforms to the facts in the judgment of the court below in accordance with Article 369 of the same Act, except for new evidences.

In contrast to the law, the act of non-licensed medical practice in its judgment falls under the category of Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 25 of the former Medical Service Act, Article 269(2)1 of the Criminal Act. Since the relationship between the above commission abortion and the above violation of the Act on Special Measures constitutes two crimes, one of the crimes is to be punished according to the punishment of the above violation of the Act on Special Measures without prison labor. Pursuant to Articles 40 and 50(2) of the Criminal Act, one of the crimes is to be punished according to the punishment of the above violation of the Act on Special Measures without prison labor. Since one of the above acts of non-licensed medical practice is selected to be punished by imprisonment with prison labor within the scope of punishment imposed by applying the above provision of Articles 55(1)3 of the Criminal Act, or to be punished by imprisonment with prison labor within the scope of punishment imposed by the latter part of Article 5 of the former Medical Service Act, one million won is to be punished by imprisonment with prison labor within the scope of fine prescribed by the latter part of the above Article 15 of the Act.

Judges Kang Shin (Presiding Judge)