For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the admissibility of illegally collected evidence and derivative evidence, and the concept of “medical device” under Article 2(1) of the former Medical Devices Act (amended by Act No. 15945, Dec. 11, 2018), and by misapprehending the legal doctrine on the prohibition of extended interpretation derived from the principle of no punishment without the law and the prohibition

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.