The meaning of "medical act as business" under Article 5 of the Act on Special Measures for the Control of Public Health Crimes.

"A person who is not a dentist" under Article 5 of the Act on Special Measures for the Control of Public Health Crimes refers to not only a case where a person who has not a dentist has continuously performed dental treatment but also a case where a doctor has repeatedly performed dental treatment.

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

Defendant

Defendant

Attorney Kim Tae-tae

Busan High Court Decision 88No394 delivered on September 15, 1988

The appeal is dismissed.

The forty days of detention days prior to the imposition of judgment after an appeal shall be included in the imprisonment of the original judgment.

As to the Grounds of Appeal:

Article 5 of the Act on Special Measures for the Control of Public Health Crimes provides dental services to a person who is not a dentist on January 1, 200 shall be limited to only one of the cases where dental treatment is performed continuously and repeatedly, as well as the cases where dental treatment is performed continuously and repeatedly. However, according to records, the fact-finding by the court below that the defendant, other than a dentist, is engaged in dental treatment as a business, such as finding out the b0,000 won of treatment fees at the defendant's house with a dental appliances and cutting down the body of Nonparty 20,000, is acceptable, and the defendant shall not be deemed to have provided medical services once every opportunity.

In addition, the court below's disposition of forfeiture of seized articles is just and there is no error in this regard.

Ultimately, the appeal is dismissed, and part of the number of days pending trial is included in the imprisonment with prison labor of the original court. It is so decided as per Disposition by the assent of all participating judges.

Justices Kim Yong-ju (Presiding Justice)