(영문) 서울중앙지방법원 2016.11.10 2016노2564



The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. Each ultra-wave photograph used in the advertisement of this case by mistake of facts and misunderstanding of legal principles is the mark after they taken the water to the degree that they feel the maximum shotty before and after a set.

그런데 위(胃)의 용적량은 주관적으로 최대포만감을 느낄 때까지 음식물을 섭취한 경우의 용적량을 기준으로 할 수밖에 없으므로, 최대포만감을 느낄 정도까지 섭취한 물의 양을 통하여 다이어트 전후의 위의 용적이 달라지는 것이 확인되었다면 이를 용적량이 축소되었다고 표현하더라도 허위나 과장이라고 할 수는 없다.

Therefore, although the advertisement of this case is not objectively recognized, or cannot be viewed as a medical advertisement containing any content without any grounds, or a medical advertisement with false or exaggerated content, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby finding the Defendant guilty of the

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. If a medical advertisement on the assertion of misunderstanding of facts or misapprehension of legal principles is due to objective facts and without exaggeration the medical technology or method of treatment of the medical consumer in question, it shall help the consumer make rational choice and promote fair competition among the medical personnel, thereby promoting the public interest. However, in light of the fact that the medical practice has a direct and significant influence on the human life and body, or that the medical practice does not have objective facts, or that the safety and effectiveness of modern medical science are not objectively verified, and thus, it shall be prohibited as false or exaggerated advertisements where the medical service consumer is prevented from vaining or having medical expectations.

(See Supreme Court Decision 2006Do9083, May 27, 2010). Article 56(2) of the Medical Service Act is a medical law.