A Focus on the Illegal Medical Advertisements─ Discussing the Principle of “Singularity act with impunity” from a Judicial Practice Perspective
The principle of “singularity act with impunity” is related to theories on the judgment of the number of acts and is enshrined in the constitution. The present study unites indicative opinions of judicial practice on the determination of the number of acts, conducting an analysis of the different types and natures of offenses. Focusing on illegal medical advertisements, we first highlight the relevant articles from the Medical Care Act and Principles for Addressing Illegal Advertisements for Medical Care, and elaborate the theoretical basis and judicial practice views on the determination of the number of acts, after which we analyze court judgments on illegal advertisements. We explore where judicial practice diverges from the Principles for Addressing Illegal Advertisements for Medical Care and put forward principles and indicators for courts to determine the quantum of punishment. In conclusion, we propose amendments to the Medical Care Act and Principles for Addressing Illegal Advertisements for Medical Care.