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(영문) 서울북부지방법원 2014.12.09 2014고정2248
의료법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From January 3, 2014, the Defendant is a person who operates the massage Force with the trade name of “Daehan” located in Gangnam-gu Seoul Metropolitan Government Seoul.

A person, other than a medical corporation, medical institution, or medical person, was unable to advertise the medical treatment, but around 11:50 on June 11, 2014, the Defendant advertised the medical treatment, including a disease treatment, on the signboard and standing signboard of the Maliwon, “I perform a surgery under the Malith disc, Malithal Malithal, Malithal, Malithical, Malithal, Malithal, Malithal, Malithal Malithal, Malithic, Malithic, Malithic, Malithic, Malithic, Malithic, Malithic, Malithic, Malithic, Malithic, Malithic, Mali

Summary of Evidence

1. Some statements made by the police concerning the accused in the investigation report of the police;

1. A E-document;

1. Application of Acts and subordinate statutes to signboards photographs;

1. Article 89 of the Medical Service Act and Articles 89 and 56 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel on the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act applied mutatis mutandis to the massage. Thus, the defendant and his/her defense counsel also asserted that the massage does not constitute medical personnel and constitute a crime

The term "medical person" in the Medical Service Act means a medical doctor, dentist, herb doctor, midwife, or nurse licensed by the Minister of Health and Welfare (Article 2(1) of the Medical Service Act). On the other hand, the Medical Service Act allows a massage to engage in massage business (Article 82(2) of the Medical Service Act), notwithstanding Article 27 of the Medical Service Act (Prohibition of Unlicensed Medical Practice), and Articles 8, 25, 28 through 32, 33(2)1, (3), (5) and (8) (main sentence), 36, 40, 59(1), 61, and 63 (limited to a violation of Article 36) of the Medical Service Act.

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