If repeated acts of the same kind are expected due to the nature of the constituent elements of a crime, whether such repeated acts should be deemed a single comprehensive crime.

Article 5 of the Act on Special Measures for the Control of Public Health Crimes and Article 25 of the Medical Service Act mean that a person who has an intention to continue to engage in medical service with no intention to engage in such medical service. Therefore, as in this case, since a non-licensed medical practice in violation of the above Article is anticipated to repeat the same act due to the nature of the constituent elements of the crime, multiple repeated acts should be punished as a single crime comprehensively.

Article 37 of the Criminal Act

Defendant

Defendant

Daejeon District Court of the first instance (70Da1769 delivered on April 1, 200)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the execution of the above imprisonment shall be suspended for two years from the date of the final decision.

The sentence of a fine shall be suspended for a defendant.

The summary of the grounds for appeal by the defendant is as follows: (a) although the court below ruled that the defendant received money by aggressioning the defendant; (b) it is a misunderstanding of the facts; (c) the case is a kind of accident in the unclaimed villages of oriental medical doctors outside the oriental medicine bank; and (d) the defendant's failure to do so is a patient's own request; (e) the defendant's own request was planned to do so; and (e) the defendant did not cause harm to human life; and (e) the defendant did not cause harm to human life, the court below's sentencing against the defendant is excessive.

Therefore, we examine the argument of mistake of facts, and compare the various evidences lawfully examined by the court below with records, so it shall be sufficient to acknowledge the criminal facts of the defendant as judged by the court below, and there is no other error in the process of confirmation of facts by the court below, and the number of days shall not be received without merit.

Here, "Medical Treatment Act" under Article 5 of the Act on Special Measures for the Control of Public Health Crimes and Article 25 of the Medical Service Act means that a person who has an intention to continue to engage in medical service with no intention to engage in it. Therefore, as in this case, since medical practice without a license is expected to be repeated due to the nature of the constituent elements of the crime, multiple repeated acts should be punished as one comprehensive crime, and therefore, even though the court below erred by misapprehending the legal principles as to multiple concurrent crimes with respect to non-licensed medical practice in this case under the premise that each violation is an independent crime, and thereby, it is difficult to reverse the judgment ex officio.

Therefore, without determining the remaining grounds for appeal, a party member is reversed pursuant to Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment of the court below is ruled as follows.

The criminal facts and evidence of the defendant who is judged as a member of the party are the same as that at the time of the original trial, and they are quoted by Article 369 of the same Act.

In light of the law, the judgment of the defendant is against the defendant, within the scope of his prison term of imprisonment and fine of 50,00 won for a year and fine of 50,00 won under Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 25 of the Medical Service Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, and the defendant selects imprisonment with prison labor among the prescribed punishment, and the crime of this case is committed incidentally in operation of oriental medicine in the undeveloped village. Since there are reasons to take into account the circumstances such as the fact that the defendant has remarkably repented his depth after committing the crime, he is sentenced to imprisonment with prison labor for a period of 2 years from the date on which the judgment became final and conclusive, and the defendant does not pay a fine of 10,000 won for the above period of 10,000 won for a period of 10,000 won for a period of 10,000 won for a fine of 10,000 won for a previous year.

It is so decided as per Disposition.

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