The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by a prosecutor of mistake of facts (not guilty portion of the judgment of the lower court), the Defendant, even though not a medical person, may recognize that he/she runs a business of oriental medical treatment for profit without a license of oriental medical doctor as stated in

However, the lower court erred by misapprehending the facts and not guilty of this part of the facts charged.

B. Considering the above circumstances of unreasonable sentencing, the sentence imposed by the lower court on the Defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is deemed unreasonable.

2. Determination

A. In a criminal trial for determining a mistake of facts, the conviction should be based on evidence of probative value, which leads a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, the doubt of guilt against the defendant even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(see, e.g., Supreme Court Decision 2008Do10096, Jun. 25, 2009). First, the witness of the court below stated to the effect that E testified to the effect that “E would have paid for treatment of 30,00 won to E, such as testimony of “E would have caused 20,000 won to be raised to the legal party.”

However, the above F’s statement contains another person’s statement, and it is difficult to view that the statement of E, the original person, constitutes exceptional grounds prescribed in Article 316(2) of the Criminal Procedure Act, and it is proved that it was made in a particularly reliable state.

Furthermore, even if all of the evidence duly adopted and examined by the court below and the trial court, the defendant committed the crime under Article 5 of the Act on Special Measures for the Control of Public Health Crimes, that is, a person who is not an oriental medical doctor, as a business of oriental medical treatment for profit.