Text
The judgment below
The part on violation of the Medical Service Act due to non-licensed medical practice is reversed.
Defendant .
Reasons
1. The court below found the Defendant guilty of all the facts charged of this case, and sentenced a fine of KRW 700,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000
On the other hand, only the prosecutor appealed to the above acquittal portion, and the Supreme Court reversed the acquittal portion of the judgment prior to the remand, and remanded the case to this court.
Therefore, the conviction part of the judgment before remand (the violation of the Medical Service Act due to the violation of the duty to prepare medical records) is finalized as it is because all the Defendant and the prosecutor did not appeal. Thus, the scope of the judgment of this court is limited to the violation of the Medical Service Act due to unlicensed medical practice
2. Summary of grounds for appeal;
A. Article 27(1) of the Medical Service Act provides that “Medical persons shall not perform medical acts other than those licensed,” and does not clearly provide for the scope and limit of license of medical doctors or herb doctors, and does not provide for the standard to distinguish or distinguish whether specific medical devices are for single use or double use. As a result of the development of modern medical science, the part of Chinese medicine and Western medicine in the area of use of medical devices overlap is increasing on the day.
A light-ray fraud, a medical device used by the Defendant, is a medical device that applied and developed in mechanical ways the traditional light used from the past in oriental medicine in the application of the Korean academic principle of treating the skin disease after investigating the light with pathology.