Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The defendant is the director of the Council C in Yeonsu-gu B and the second floor in Incheon, and D is not a medical person who works as an employee in the above Council member.

D From October 7, 2018 to October 13, 2018 of the same month, among 18 patients, including E, who were home members of the above C Council, caused 18 patients to engage in non-licensed medical care, and the Defendant, who is an employee of the Defendant, committed an act in violation of the preceding paragraph in relation to the Defendant’s duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police suspect interrogation protocol against the defendant or D;

1. A written statement;

1. A written accusation;

1. Investigation report (the identification of the person who has recorded a voice recording), investigation report (the text message of the voice recorder) (the defendant and his defense counsel recognized the fact that "D caused 18 patients" among the facts charged in the instant case. The medical practice refers to the act of preventing or treating diseases caused by the conduct of medical treatment, autopsy, prescription, medication, or surgical treatment, and other acts that may cause harm to public health and sanitation if performed by a medical person, with experience and function based on medical expertise. The phrase "the risk that if performed by a medical person, might cause harm to public health and sanitation" in this context means sufficient abstract risk, and thus, it cannot be said that there is no harm to public health and sanitation on the ground that the risk to the patient does not occur (see, e.g., Supreme Court Decisions 2004Do3405, Oct. 28, 2004; 2004Do3405, etc.). The defendant and his defense counsel cannot be accepted.

In addition, according to the evidence duly adopted and examined by this court, the defendant merely stated that the defendant should not conduct medical practice by speech that he/she is passing through, and there is no proper education on this.