The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 500,000.

The above fine shall be imposed on the defendant.

1. The gist of the reasons for appeal is that of the lower court’s punishment (one year of imprisonment and a fine of 400,000 won) too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the case of violation of the Act on Special Measures for the Control of Public Health Crimes (unlawful medical service providers) which the court below found guilty is stated in the indictment under Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes, which is "Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes and Article 27 of the Medical Service Act". However, in light of the facts charged, it is obvious that it is a clerical error and even if it is corrected without any changes in the indictment, it does not constitute a substantial impediment

As a matter of course, Article 27 of the Medical Service Act provides that the statutory punishment of the above crime shall be concurrently imposed with imprisonment with prison labor for life or for not less than two years and a fine not exceeding 10 million won. Thus, if the court below intends to sentence the defendant to imprisonment with prison labor for less than two years and a fine not exceeding one million won, the court below shall reduce the amount of punishment in accordance with Articles 53 and 55(1)3 of the Criminal Act.

However, the lower court, without discretionary mitigation, sentenced the Defendant to imprisonment with prison labor for one year and ten months and a fine of 400,000 won, thereby sentenced to imprisonment with prison labor and a fine of less than the minimum statutory penalty.

In particular, in the case of a fine, 400,000 won, which is the minimum statutory penalty that can be sentenced even if the sentence is mitigated, has been sentenced to a fine. This error has an error of law affecting the conclusion of the judgment.

Since the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above ground for ex officio reversal exists, and the judgment below is again decided as follows.

another judgment.