A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Punishment of the crime

No person, other than medical personnel, shall engage in medical practice for profit-making purposes.

On April 30, 2015, around 10:30 on April 30, 2015, the Defendant, who was not an oriental medical doctor, posted 10,000 to many and unspecified customers, including, but not limited to, having been kept at the Defendant’s residence of Yeongdeungpo-gu Seoul Metropolitan Government C, having been equipped with four beds, and having been found on the part, such as the hand, shoulder, and shoulder of customers D, and receiving 20,000 won in return.

Accordingly, even if the defendant is not a medical person, he was engaged in medical practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements of D;

1. Application of Acts and subordinate statutes to accusation and photographs;

1. Subparagraph 3 of Article 5 of the Act on Special Measures for the Control of Public Health Crimes; Article 27 (1) of the Medical Service Act;

1. Selection of punishment, limited imprisonment, and necessary concurrent imposition of fines;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act concerning confinement in a workhouse (as to a fine);

1. The reason for sentencing under Article 62(1) and (2) of the Criminal Act (as regards to imprisonment), [the scope of recommendation] mitigated area of sentence under Article 62(1) and (2) of the Criminal Act (as regards imprisonment), where the medical practice of one year to two years (businesslessless medical practice): in a case where the medical practice of one year to two years (special mitigation) itself objectively pose a risk or medical treatment effect (the decision of sentence] has already been punished several times for the same kind of non-licensed medical practice, and in particular, even though there has been a history of having been sentenced to the suspended sentence of imprisonment for the same kind of act, the defendant should be subject to punishment corresponding thereto in that it repeatedly repeats the non-licensed medical practice without license.

However, it is difficult to see that the defendant's medical practice is an objective risk, and there is no victim's occurrence, the aged 8 years old, and the establishment of hospital expenses for wife being hospitalized.