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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s Gold Natural Recovery Act is not a medical practice under the Medical Service Act, and even if a medical practice is performed, it is not a unlicensed medical practice, and there is justifiable reason to believe that it does not constitute a violation of the Medical Service Act, and that it does not constitute a violation of the Social Regulations. The judgment below convicting the Defendant of the facts charged by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
B. The sentence of the lower court (a fine of three million won) is too unreasonable.
2. Determination
A. In light of the legal principles, the court below rejected the above assertion in detail by considering the same argument as the grounds for appeal of this case at the court below. In light of the above judgment of the court below in comparison with records, the judgment of the court below is just, and there is no error by misapprehending the legal principles as alleged by the defendant, which affected the conclusion
The defendant's assertion of the above legal principles is without merit.
B. It is reasonable to respect the sentencing conditions when compared to the first instance court’s assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the legislative intent of the Medical Service Act, which permits Defendant’s act to conduct medical practice only to a certain qualification holder in order to protect and promote the health of the people, the fact that Defendant has a history of having been punished once as a same kind of crime, no special circumstance exists to change the sentencing after the judgment of the court below, and all the sentencing conditions indicated in the instant pleadings, such as Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the court below is deemed appropriate.