A. Legal principles do not constitute medical practice, so-called active treatment does not constitute so-called "medical practice," and water, which is a pharmaceutical product, constitutes health-oriented traditional food, and does not constitute functional health foods, nor does it be sold for profit.

Article 27 (1) of the Medical Service Act is unconstitutional because it infringes on freedom to choose an occupation.

B. As to the violation of the Act on Special Measures for the Control of misunderstanding of Facts (Unlawful Medical Service Providers), the Defendant received only money from some victims, and performed free of charge to most victims, and did not have any specific organization, instrument or facility, and did not engage in medical practice as a business, and the date and place of the crime as specified in the attached Table (Ⅰ) is different from the facts.

With regard to fraud, the defendant did not deceiving the victim, and the defendant did not receive the money in 10 or 11 of the annexed list of crimes (III) from the victim, and the remaining money is not the money received by account transfer by deceiving the victim.

B. The sentence of an unreasonable sentencing (two years of imprisonment, a fine of five million won) by the lower court is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles

In addition, the treatment of a disease is likely to cause harm to public health if it is done not merely for the recovery of skin but also for the treatment of a disease in such a way as to inflict substantial physical shock on the body.