All appeals filed by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendants B’s assertion of misunderstanding of facts or misunderstanding of legal principles that Defendant B would not absolute the medical practice from the time of employment, and Defendant B took an education to clarify the objection point, and conducted education to prevent each month’s illegal act. Defendant A did not neglect to exercise due care and supervision over the pertinent business in order to prevent Defendant A’s unauthorized medical practice. Therefore, Defendant B was not guilty in accordance with the proviso of Article 91 of the Medical Service Act. Thus, the lower court found Defendant B guilty by misapprehending the facts or misapprehending the legal principles. (2) The lower court’s punishment (a fine of KRW 3,000,000) against the Defendants on the assertion of unfair sentencing by the Defendants is too unreasonable.

B. The Prosecutor (the Defendant A’s assertion of unreasonable sentencing)’s sentence against Defendant A is too uneased and unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below's determination of the misconception of facts or misapprehension of legal principles as to Defendant B's assertion of the facts charged in this case, since Defendant B cannot be deemed to have fulfilled due care and supervision as to his duties, it can be sufficiently recognized the facts charged in the judgment of the court below. Therefore, the judgment of the court below which found Defendant B guilty of the facts charged in this case is justifiable, and it cannot be found that there was an error

1. The instant medical practice performed by Defendant A is a national anesthesia for an surgery patient, which is performed directly by a doctor or only by a medical person, such as nurse, under the specific direction and supervision of a doctor.

However, the defendant A’s motion picture CD, attached to the investigation report submitted by the prosecutor, is included in the video of the defendant A’s medical practice.