The meaning of the Act on Special Measures for the Control of Public Health Crimes, which is defined in Article 5 of the Act;

The purpose of profit-making under Article 5 of the Act on Special Measures for the Control of Public Health Crimes is to mean the time when medical treatment is performed in return, and it does not mean that the consideration belongs to the whole amount.

Article 5 of the Act on Special Measures for the Control of Public Health Crimes

Defendant

Prosecutor and Defendant

Seoul District Court (70Da1368)

All appeals by the prosecutor and the defendant are dismissed.

The gist of the grounds for appeal by the prosecutor of this case is that the defendant prepared to conduct a sex surgery without any doubt from the doctor without a license of the Nursing Board, and prepared to conduct a sex surgery with the face face of the patient without any doubt from the doctor, and the sentence of imprisonment should be suspended since the opening of the crime is not peep, but the execution of the sentence is excessive, and the defendant's attorney's appeal procedure is not only because the defendant worked as a nursing staff member who is not qualified as 3.1 member, and the defendant's attorney's appeal procedure is just that he was waiting to prepare for a sex surgery with respect to the patient non-indicted 2 of the internal patient and waiting to work at the doctor's office under the prior instruction of the doctor non-indicted 1 of the Council, and it is clear that 5,000 won of the medical fee that the defendant received from the patient was paid to the patient, but it is concluded that the defendant was a person who is not a doctor and engaged in medical practice for profit-making purposes by applying Article 5 of the Act on Special Measures for the Control of Public Health Crimes.

Therefore, in light of the legal principles as to the defendant's defense counsel's assertion, the statement of the self-written statement prepared by Non-indicted 2 and Non-indicted 2's statement of the trial witness who lawfully investigated by the court below, the defendant prescribed that the non-indicted 2 who wants sexual surgery should perform sexual surgery at the time and time, and after receiving 5,000 won from the operation expenses, he was laid off above the operation expenses, and was covered with an surgery over the return of the 00 m of anesthesia which mixed 5 m of 0 m of 0 m of 0 m of 0 m of 0 m of 5 m of 0 m of 00 m of 5 m of 00 m of 00 m of 00 m of 1, as the defendant did not reach the return, the court below's argument that the defendant's return of the patient requires an operation after the examination of its ingredients, and that the defendant's act should not be recognized for the purpose of medical treatment of 5 m.

Therefore, the appeal by the prosecutor and the defendant shall be dismissed in accordance with the Criminal Procedure Act Article 364(4).

It is so decided as per Disposition.

Judges Han Man-Shan (Presiding Judge) Kim Jong-chul