A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates a building B and a food manufacturing and processing business company in accordance with subparagraph C at the Nam-si City.

No person, other than a medical person, may perform medical practice, and the defendant is not a medical person.

Nevertheless, around July 24, 2018, the Defendant was engaged in medical practice by prescribing the Health Functional Foods Council, which was manufactured by the above company, as follows: “I, who visited the above company’s office, was in progress against the public officials F of the Namyang-ju Public Health Center E, and determined G and H, which was manufactured by the above company, to be “the lack of blood and blood, is lacking,” and “the health functional foods, which were manufactured by the above company, are in progress against the public officials I belonging to the above agency.”

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. The defendant's certificate;

1. Field photographs, etc.;

1. Unlicensed medical treatment photographs;

1. Business registration certificate or business registration certificate (the defendant and his/her defense counsel did not know that his/her act was an unlicensed medical act, and therefore, the defendant asserts that his/her act was an act by mistake of law since he/she did not know that his/her act was in violation of the Medical Service Act. Medical practice is to prevent or treat diseases, and it is not to conduct diagnosis, autopsy, prescription, medication, surgery, surgery, etc. with the experience and function based on the professional knowledge of medical science (see Supreme Court Decisions 80Do2974, Dec. 22, 1981; 2007Do5531, May 14, 2009); thus, the defendant's medical care and response constitutes a medical practice. Materials to deem that there is no justifiable reason for the defendant to believe that his/her medical care and response did not constitute a medical practice, or that there is no justifiable reason for the defendant and his/her defense counsel to perceive it as such. The grounds for the application of statutes are without merit.)

1. Relevant provisions of Article 87 of the Medical Service Act concerning facts constituting a crime and the provisions of indictment concerning the selection of punishment shall be stated;