The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although Articles 87(1)2 and 27(1) of the Medical Service Act, which serve as the basis for punishing the defendant for the unconstitutionality of a law, the court below erred by misapprehending the legal principles, thereby finding the defendant guilty, which affected the conclusion of the judgment.

B. Since the defendant's act of misapprehension of the legal principles as to the legitimate act is not contrary to the social norms, it constitutes a justifiable act under Article 20 of the Criminal Act, and thus, the court below found the defendant guilty, thereby adversely affecting the conclusion of the judgment.

C. The court below erred in the misapprehension of legal principles as to the consent of the victim, which found the defendant guilty even when the defendant committed the act of this case with the consent of the victim, and thus, affected the conclusion of the judgment.

2. Determination:

A. As to the assertion of misapprehension of the legal principles on the constitutionality of a law, the Medical Service Act does not provide for an active definition of “medical act”. However, Article 1 of the Medical Service Act provides that “The purpose of this Act is to protect and promote the health of the people by providing for matters necessary for citizens’ medical fees so that all citizens can benefit from high-quality medical care.” Article 2(2) of the same Act provides that “medical personnel shall perform the following duties according to the classification of medical personnel, thereby contributing to the improvement of public health and the securing of a healthy life for the people.” In addition, Article 12 of the same Act provides for the duties of medical doctors, dentists, oriental medical doctors, etc., who are medical personnel, and Article 12 of the same Act provides that “medical treatment technology, such as medical care and nursing

Examining the contents and legislative intent of the above Medical Service Act, the purpose of punishing unlicensed medical practice is to require high level of professional knowledge and experience.