A. The Defendant’s act of mistake of facts or misapprehension of legal principles is not a medical practice under the Medical Service Act, but the Defendant’s act constitutes non-licensed medical practice, since the symptoms of C (hereinafter “C”) who is a person subject to sediment treatment, as a procedure by J (Seoul) created by the I. As such, the Defendant’s act constitutes non-licensed medical practice.

Even if K is more effective than that of an oriental medical doctor or Western doctor, the provisions of the Medical Service Act that punish him/her are unconstitutional, or the defendant's act is misunderstanding that his/her act does not constitute a crime under the law, and there is a justifiable reason for the mistake of the law.

In addition, the defendant did not receive compensation from C and did not have any side effect, and it did not constitute a crime because the defendant forced C to conduct a bed procedure.

Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the facts, thereby adversely affecting the conclusion of the judgment, which found the Defendant guilty of violating the Medical Service Act.

B. The sentence of the lower court (the imprisonment of six months, the suspended execution of two years, and the community service for forty hours) is too unreasonable.

2. Determination

A. (1) Determination of a mistake of facts or misapprehension of legal principles refers to the act of preventing or treating diseases caused by diagnosis, autopsy, prescription, medication, or surgical treatment based on medical expertise in the experience and function thereof, and other act that may cause harm to public health and sanitation unless medical personnel conduct it.

In this context, “the risk of harm to public health and hygiene if a medical person is not performed” is sufficient to be abstractly dangerous, and thus, there was no specific risk to a patient.

shall not cause any harm to public health and sanitation.

Supreme Court Decision 201No. 24, 201