The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. (1) Article 27(1) of the Medical Service Act and Article 5 of the Act on Special Measures for the Control of Public Health Crimes, which permits Defendant 1 to perform a literacy procedure only to Defendant 1, are unclear, and Article 5 of the Act on Special Measures for the Control of Public Health Crimes violates the Constitution by infringing on the people’s freedom of occupation, freedom of arts, freedom of expression and the right to pursue happiness, etc. by permitting a literacy procedure only to a doctor. However, the judgment of the court below convicting Defendant 1 of the facts charged in the

The sentence sentenced by the court below on the grounds that the sentence of unfair sentencing (two years of imprisonment, a fine of five million won, a community service work, 120 hours) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination:

A. When comprehensively considering the legal principles of Defendant’s assertion, the purpose of the Medical Service Act and the contents of the duties of medical personnel, the term “medical act” refers to the act of preventing or treating a disease, performing examination, prescription, medication, or surgical treatment based on medical expertise, and other act that may cause harm to public health and sanitation if performed by a medical personnel,” which is interpreted as “the act of preventing or treating a disease, or performing surgery outside the country as a result of his/her experience and function.” Since it is unclear or excessively comprehensive concept, it does not violate the principle of no punishment without the law. In light of the essence of the medical act, the medical act prohibited medical act by a person other than a medical personnel

Even if it does not infringe the right to pursue happiness, freedom of choice of occupation, etc.

Constitutional Court Decision 208Hun-Ga19, 2008Hun-Ba108, 2009Hun-Ba108, 2009Hun-Ma269736, 2010Hun-Ba38, 2010Hun-Ma275 (Merger), etc.) (see, e.g., Constitutional Court Decision 2008Hun-Ba108, Jul. 29, 201). Furthermore, according to the evidence duly adopted by