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The judgment below
The guilty portion against the defendant is reversed, and this part of the case is the Seoul Eastern District Court.
Reasons
The grounds of appeal are examined.
1. Although penal provisions should be interpreted and applied strictly according to the language and text, and they shall not be extensively or analogically interpreted to the disadvantage of the defendant, it does not violate the principle of no punishment without the law to systematically interpret the logical meaning of the language and text in consideration of the legislative intent and purpose within the scope of the possible meaning of the language and text.
2. Article 18(1) of the Medical Service Act prior to the amendment by Act No. 8366 of Apr. 11, 2007 provides that “A medical doctor engaged in medical service and who directly conducted a medical examination shall not prepare a medical certificate, autopsy certificate, or prescription (hereinafter “the prescription, etc.”) and shall not be issued to the patient (hereinafter “the former provision”). Article 17(1) of the Medical Service Act (wholly amended by Act No. 8366 of Apr. 11, 2007) provides that “A doctor engaged in medical service and directly conducted a medical examination” or “a doctor who directly conducted a medical examination” shall not prepare a prescription, etc. and deliver it to the patient.
(2) In light of the language and text of the provision prior to the amendment, it is clear that the provision prior to the amendment does not stipulate the limitation or scope of the method of medical examination as to whether the issuance of a prescription, etc., is limited to the medical record or the medical prescription, etc., in a case where only the relevant patient was able to receive a prescription, etc., without having being examined by himself/herself, and only the patient was able to receive a prescription, etc.
There are various methods such as diagnosis, diagnosis, diagnosis, promotion, diagnosis, and other various methods.
However, the phrase "self-examination" means only a face-to-face diagnosis, and the contents or diagnosis of the examination, such as the examination.