A. Legal principles are the same as those used by the manual receiver, and the defendant's act of such procedure constitutes a justifiable act that does not violate social rules.

Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the lawful act, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of legal principles 1) The court below rejected the defendant's assertion on the ground that the defendant's act cannot be seen as an act permissible in light of the overall legal order including the Medical Service Act or the social ethics or social norms, and the "act which does not violate the social norms" under Article 20 of the Criminal Act refers to an act acceptable in light of the overall legal order, or the social ethics or social norms surrounding the defendant's act, which is a legitimate act that does not violate the social rules, and thus, it should be judged individually by reasonably considering specific circumstances as to whether the defendant's act is justified as a legitimate act that does not violate the social norms. Thus, in order to recognize such a legitimate act, the motive or purpose of the act is justifiable, the method of license, balance of legal interests, etc.