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Main Issues
Whether it constitutes an unlicensed medical practice without a license (affirmative)
Summary of Judgment
An inception is a medical similar act under Article 60 of the Medical Service Act, which is an inception without a license, and constitutes an inception without a license under Article 25 of the same Act.
[Reference Provisions]
Articles 25 and 60 of the Medical Service Act, Article 5 of the Act on Special Measures for the Control of Public Health Crimes
Reference Cases
Supreme Court Decision 77Do2010 decided Oct. 11, 1977 (Gong1977, 10365) 86Do1842 decided Oct. 28, 1986 (Gong1986, 3165)
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Counseling
Judgment of the lower court
Seoul High Court Decision 92No2820 delivered on September 18, 1992
Text
The appeal is dismissed.
Reasons
1. As to Defendant’s ground of appeal No. 1
The act of aggression as an act of medical similar to that of Article 60 of the Medical Service Act, which is performed without a license, shall be punished pursuant to Article 5 of the Act on Special Measures for the Control of Public Health Crimes (see Supreme Court Decision 86Do1842, Oct. 28, 1986). Thus, it is proper that the court below maintained the judgment of the court of the first instance, which was based on the defendant's non-licensed act of this case as a violation of Article 5 of the Act on Special Measures for the Development of Special Measures and Article 25 of the Medical Service Act, and there is no illegality in violation of the principle of no punishment without law. The argument is groundless.
2. Ground of appeal No. 2 by the defendant and ground of appeal No. 1 by his defense counsel
The court below did not have any illegality such as the theory of lawsuit in recognizing the defendant's non-licenseing act of this case for commercial purposes, and therefore the discussion is groundless.
3. In this case where the defendant's attorney's ground of appeal No. 2 was sentenced to a punishment less than 10 years of imprisonment, the argument that the sentence of the court below is extremely unfair cannot be a legitimate ground of appeal.
4. The appeal shall be dismissed. It is so decided as per Disposition by the assent of all participating Justices.