The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (e.g., a fine of KRW 300,00) imposed by the court below on the defendant is too unreasonable.

2. In light of the purpose of the Medical Service Act where a physician provides medical treatment to a patient, he/she shall record the matters and opinions regarding the relevant medical practice, and the purpose of punishing such violation, the crime of this case in which the defendant did not state such details as the name, capacity, frequency of taking clothes, etc. of the antibiotic drugs prescribed against E, his/her patient, is recognized as the need for punishment.

However, in light of the following: (a) the Defendant was at the time of committing the instant crime when he was in the trial; (b) E filed a complaint against the Defendant on the issue of the Defendant’s medical malpractice; (c) the background leading up to the punishment of the instant crime; and (d) the Defendant was found to have no medical malpractice; and (c) the dispute with E appears to have been resolved smoothly; and (d) other various conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence of the instant crime; and (e) the court below’s sentence is

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again.

Criminal facts

The summary of the facts charged and the summary of the evidence presented by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 90 and 22 (1) of the Medical Service Act, the selection of fines for criminal facts;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won a day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration grounds, etc. for reversal);