Although there are circumstances in which the defendant's profits from the crime of this case are not high, and elderly people are not healthy, the crime of this case falls under Article 5 (3) of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act, and its statutory punishment is imprisonment with prison labor for life or for not less than two years, and a fine of not less than one million won but not more than ten million won shall be imposed concurrently.

Therefore, the sentence of imprisonment cannot be sentenced to less than one year even if the sentence is imposed in consideration of all the circumstances favorable to the defendant, and the court below has already sentenced the defendant to a sentence of one year by discretionary mitigation, and the defendant has no other reason for statutory mitigation. Therefore, the defendant cannot be sentenced to a further suspended sentence while the defendant is under suspended sentence.

Furthermore, considering the fact that the defendant had been punished several times for the same crime, the fact that the defendant committed the crime of this case again during the period of probation, the concurrent fine is the lowest statutory penalty, and other various sentencing conditions as shown in the argument of this case, such as the method of the crime of this case, the circumstance of the crime, and the circumstances after the crime, etc., the judgment of the court below is deemed unfair, and the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.