A. misunderstanding of the legal principles and welfare added, the authoritative interpretation of the Act on Assistance to Fama to achieve the purpose of massage (including the use of Mamama Mama Mama Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Mae Ma no other act of medical treatment or imitated Mae Mae Ma.

Therefore, there is a reason to deny the responsibility of the defendant under Article 16 of the Criminal Code.

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. As to the assertion of misunderstanding of legal principles, Article 16 of the Criminal Act provides that an act of misunderstanding that one's act does not constitute a crime under the laws and regulations shall not be punishable only when there is a justifiable reason for misunderstanding. However, in a case where one's own special circumstance is recognized that it does not constitute a crime under the laws and regulations, and there is a justifiable reason to mislead misunderstanding, it shall not be punishable. Whether there is a justifiable reason should be determined depending on whether one's own act could not be perceived as a result of misunderstanding of legal principles because there was an opportunity to examine or inquire about the possibility of illegality of one's own act, and there was a chance to make a serious effort to avoid it, which would have been possible to recognize illegality of one's own act, and the degree of efforts necessary for recognizing illegality is specific circumstances and circumstances.