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(영문) 서울북부지방법원 2013.06.13 2012노1378
의료법위반
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a dentist who operates a dental clinic with the trade name of “Dental clinic” located in Dobong-gu Seoul Metropolitan Government.

Although a medical person is prohibited from performing any medical act other than those licensed, the Defendant, from around 2009 to January 9, 2012, performed marcation surgery for the purpose of beauty art, such as marcing marcation, marcation, removal of oil, and removal of karcation (hereinafter “the instant marcation procedure”).

2. Summary of grounds for appeal;

A. Legal principles are included in the scope of a dentist's license.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

3. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

(1) The Defendant is a dentist licensed by the Minister of Health and Welfare.

(2) A person who intends to be a dentist shall obtain a license from the Minister of Health and Welfare after passing a national examination with a degree from a dental college or dental school.

Dental colleges or graduate schools provide students with theoretical and practical services with respect to dental surgery outside of the mouth, dental surgery, dental practice, dental practice, dental practice, dental preservation, dental practice, dental practice, dental preservation, dental practice, dental practice, oral malkine radiation, dental surgery, preventive medicine, etc., and the state is conducting tests.

(3) The term “alongly cosmetic surgery” in the above Gu lecture surgery means not only the mouth and chins, but also the whole of the part of the face. The textbook includes all forms of cosmetic surgery on face side, such as gymology, gymology, gymology, gymology, gymology, gymology, gymr type surgery, and gymology surgery.

(4) The Korean Dental Association composed of dental specialists outside the dental field among dentists in 1959.

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