Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a herb doctor who operates the “C Hanwon” in the Cheongbuk-gun B.

On February 6, 2018, the Defendant instructed a nursing assistant D, other than a medical practitioner, to provide the above oriental medical clinic with heat, light, electricity treatment, etc., which was found to be performed for the above oriental medical clinic without the instruction of a doctor, dentist, etc., and D, according to the above instruction, performed hot heat treatment, etc. with respect to E and F.

Accordingly, the defendant assisted a person who is not a medical person to provide medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against D or G;

1. Statement made by the police with H;

1. Written statements in relation to D and G preparation;

1. Report on internal death (the confirmation of the site for treatment of oriental medical treatment for oriental medical treatment) shall be applied by statutes;

1. Article 87(1)2 and Article 27(1) of the Medical Service Act, Article 31(1) of the Criminal Act, and Article 31(1) of the Criminal Act, the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Defendant and his defense counsel’s assertion

A. D is merely a medical assistance and does not constitute medical practice, for which heat treatment, etc., which was conducted by Defendant’s instructions.

B. The performance of heat treatment, etc. conducted by D constitutes a justifiable act that does not violate social norms.

(c)

The defendant was unaware of whether his own act was in violation of the relevant laws and regulations.

2. In determining whether a certain act constitutes a medical practice, the issue is whether the device used for the prevention and treatment of a disease is a medical device, and whether a person with no medical expertise is likely to cause danger to human life, body, or public health by using the device for the prevention and treatment of a disease.

In principle, these medical practices can be performed only by medical personnel, but clinical pathology, radiation history, etc. under the Act on Medical Technicians, etc.