The sentence of the court below (a prison term of one year and six months, a fine of two million won, a suspended sentence of two years for a prison term of imprisonment, a community service work, and a confiscation of subparagraphs 1 through 12 for a prison term of 80 hours) is too unhued and unreasonable.

Judgment

The crime of this case is an unfavorable sentencing factor in light of the fact that the defendant's act of illegal literary treatment for profit may cause harm to the health and safety of the people. The defendant has already been sentenced to suspended execution once due to illegal medical treatment around 2005, and the defendant's business period is considerably prolonged for about 32 months.

However, considering the following as a whole: (a) the Defendant would not engage in any unfair medical practice again while against the instant crime; (b) the Defendant agreed with the I who suffered side effects by the Defendant’s medical practice; and (c) the amount of profit acquired by the instant crime is not so significant; and (d) other factors of sentencing are favorable factors of sentencing; and (b) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (type 2 (Business Unlicensed Medical Practice: 1 year and 6 months to 3 years) by comprehensively taking account of the motive and background of the instant crime, the Defendant’s age, character and conduct, and environment, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee. Therefore, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.