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【Main Issues and Holdings】
[1] Meaning of “medical practice” under Article 27(1) of the former Medical Service Act and the standard for determining whether a particular act constitutes medical practice
Whether calligraphy tattooing performed by nonmedical practitioners constitutes “unlicensed medical practice” prohibited under Article 27(1) of the former Medical Service Act (negative)
[2] In a case where the Defendant, a nonmedical practitioner, was indicted for violating the Medical Service Act by engaging in unlicensed medical practice prohibited under Article 27(1) of the former Medical Service Act through the execution of a tattoo procedure on Party A’s right arm by injecting an ink into a tattoo machine with needles, which pierces the skin, places the ink into the skin, and lets it permeate, the case holding that the tattooing performed by the Defendant as recorded in the fact charged constitutes ordinary calligraphy tattooing and thus does not fall under “unlicensed medical practice” prohibited by Article 27(1) of the former Medical Service Act, and that the lower court that determined otherwise and found the Defendant guilty of the fact charged erred by misapprehending the relevant legal doctrine
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