The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (the suspended sentence against imprisonment and the fine of three million won) is too unhued and unreasonable.

2. The judgment-free medical practice can not only reflect the effectiveness of the medical license system of the State, but also cause risks to the lives and health of the people, and the pertinent unlicensed medical practice may also cause risks to public health and sanitation, such as side effects. The period during which the Defendant provided the name of a herb doctor to Co-Defendant 1 for a long period of not less than four years, and the Defendant’s profits therefrom are also considerable.

However, in full view of the following facts: (a) the defendant recognized the crime of this case and expressed against the defendant; (b) the co-defendant obtained the existing prescription from the defendant; or (c) the risk of the act of oriental medicine treatment of this case is limited to only minor symptoms such as reduction of season or fire extinguishing, etc., and there is no person who has filed an appeal for side effects yet; (d) the first offender who has no record of crime; (b) the age of 82 years old; (c) the normal operation of Hanwon based on the instant case and the faithful performance of the duties of oriental medicine doctor; and (d) other factors, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, method and consequence of the crime; and (e) the application of the sentencing guidelines of the sentencing committee of the Supreme Court, it is not recognized that the sentence of the court below is unfair because it is too unfford.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, Article 62(2) of the Criminal Act and Article 59(2) of the Criminal Act are respectively added to the suspended sentence on 1. Suspension of execution.