The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.

The above fine shall be imposed on the defendant.

1. The decision of the court below on the summary of the grounds for appeal (a prison term of one year and six months and a fine of seven million won, confiscation) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant, a sentence should be determined ex officio, and a judge, in sentencing, by taking into account the conditions of sentencing within the applicable sentences formed through reduction or exemption of the statutory penalty, etc.

On the other hand, in cases where both punishment of imprisonment and a fine are to be imposed concurrently, it is illegal to reduce the amount of punishment only, unless there is a special provision, and not to reduce the amount of a fine.

(See Supreme Court Decision 96Do3466 delivered on August 26, 1997, etc.). The lower court, applying Article 5 Subparag. 1 of the Act on Special Measures for the Control of Public Health Crimes and Article 27 of the Medical Service Act to the Defendant’s crime of this case, selected a limited term of imprisonment and imposed a fine concurrently, and sentenced the Defendant to a discretionary mitigation pursuant to Article 53, 55(1)3 and 6 of the Criminal Act, and sentenced the Defendant to a fine of KRW 7 million.

However, Article 5 of the Act on Special Measures for the Control of Public Health Crimes provides that a person who conducts medical practice for profit-making purposes in violation of Article 27 of the Medical Service Act shall be punished by imprisonment with prison labor for life or for not less than two years, and a fine of not less than one million won but not more than ten million won shall be imposed concurrently. Accordingly, in case of discretionary mitigation, the amount of the fine shall be 1/2 of the maximum amount pursuant to Article 55(1)6 of the Criminal Act, and accordingly, the court below shall determine the sentence of the fine within the scope of the sentence.

Nevertheless, the judgment of the court below which sentenced the defendant a year and six months of imprisonment and a fine of 7 million won is erroneous in the decision of the court below which sentenced the punishment exceeding the scope of the punishment.

3. Therefore, the court below's decision on the grounds of ex officio reversal is justified.