1. The judgment of the court of first instance maintained by the judgment of the court below recognized the following facts: “The defendant, without a doctor’s license, prepared for the Cheongjin-jin and injection equipment, etc. at the defendant house located in the 10-4th century in the Gangseo-gu Seoul Metropolitan City from January 1, 197 to November 23, 197, and received 1,800 won from the non-indicted 1,80 won for treatment and received them as medical expenses for the purpose of medical treatment.”

2. In light of the record, even if the evidence of the first instance judgment was examined, it cannot be found that the defendant engaged in a non-licensed medical practice for profit purposes.

According to the records, it is clear that the defendant has a midwifery center license and establishes a midwifery center in his/her residence.

According to Article 2 of the Medical Service Act, it is clear that a midwifery clinic is a medical person whose duties are to engage in assistance in child delivery, pregnant women, women in childbirth, women in child delivery, and newborn babies, and to provide guidance for their health and nursing. According to Article 25 of the same Act, no person, other than a medical person, shall perform any medical practice, and no medical person, other than a licensed medical person, shall perform any medical practice.

According to the records, it is difficult to find out a trace of the examination of this issue, regardless of whether this act constitutes a medical practice of a midwifery clinic, as a pregnant woman, gymnasium, gymnasium, and Kim Young-young, as both pregnant women.

This decision is the same as that recognized by the defendant that he had a Cheonggjin and an assistant in the business of providing medical treatment, but it is within his business scope that a midwifery clinic has such a medical institution, so it can not be viewed as a material that conducts an unlicensed medical practice as a business.

Therefore, the judgment below which concluded facts without any evidence, or erred in the misapprehension of the legal principles as to medical practice or medical service, which did not exhaust all the necessary deliberation, shall be deemed to have committed the same unlawful act. Accordingly, the judgment of the court below which did not err in the misapprehension of legal principles as to medical practice or medical service shall not be reversed

For the same reason, the judgment of the court below is reversed and remanded. It is so decided as per Disposition with the assent of all participating judges.

Justices Kim Yong-chul (Presiding Justice)