A. misunderstanding of facts or misunderstanding of legal principles as a medical oil supplier, the Defendant, with a civil qualification witness's certificate, conducted an inception, which is a medical similar act, and the lower court convicted of facts or convicted of misapprehending of legal principles

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the records on the assertion of mistake of facts or misapprehension of legal principles, the defendant is deemed to have obtained a private qualification under the Framework Act on Qualifications (Seoul Health Research Foundation, a foundation, a joint stock company, and a certificate of qualification for bedclothes of a private teaching institute), but such fact alone cannot be recognized as a medical care provider under the Medical Service Act (see Supreme Court Decision 2010Do16737, Feb. 24, 201), and the defendant's assertion of mistake of facts or misapprehension of legal principles is rejected.

B. Although the determination of the allegation of unfair sentencing is long, the Defendant has the same power, and the strict provisions of the Medical Service Act which only permits the license holder to engage in medical acts dealing with people's lives and bodies in order to protect and promote the health of the people requires strict regulation and punishment as to unlicensed medical acts in light of the legislative purpose or the strict provisions of the Medical Service Act, and in full view of all circumstances, including the Defendant's age, character and conduct, environment, the background and consequence of the instant crime, circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the lower court's punishment is appropriate, and is not too unreasonable.

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