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The guilty part of the judgment below shall be reversed.
The Defendant is not guilty. The prosecutor of the lower judgment is not guilty.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-finding or the legal principles, the Defendant, while operating the general public as well as the statement and advertisement that could mislead the general public as a member of the sexually outdoor department, although it is difficult to objectively prove the facts, the lower court found the Defendant not guilty of the facts charged in the instant case even though it could sufficiently recognize the fact that the false exaggerated advertisement was made, erred by misapprehending the facts or by misapprehending the legal principles.
B. The lower court’s suspension of sentence is unreasonable on the ground that the sentence is too unjustifiable.
2. Determination
A. We examine ex officio the guilty part of the judgment below prior to the judgment on the grounds of ex officio appeal.
1) The summary of the lower judgment’s guilty portion of the charges is an intention to operate the “D” in the Incheon Gyeyang-gu Office. Although a medical institution fails to use a name other than that according to the type of medical institution under the Medical Service Act, the Defendant used the name of “E” instead of D in lieu of D in lieu of D in its original form on October 2012. 2) The lower court determined that the lower court: (a) on the grounds of the Defendant and the defense counsel’s assertion that the part “E” was merely merely indicated in the specialized department of “D Council members” and that it was not used as the name of the Defendant’s Council members, and that it was not used as the name of the Defendant’s Council members, which was the unique name of the “D Council members” operated by the Defendant, “F” after being marked “F” with the sign “F” (However, it is recognized that the size and color of the word “marine imposed” differs from that of the above type “non-use advertising,” and thus, it can be read to the lower type “non-type”.