The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall not be paid by the defendant.

1. On February 21, 2017, after filing the instant appeal, the Defendant did not submit a statement of reasons for appeal within 20 days, which is the deadline for filing the appeal, even after receiving a notice of receipt of the record of proceedings and a notice of appointment of the national defense counsel, on February 21, 2017, and the petition of appeal does not contain reasons for filing the appeal

The Defendant’s defense counsel submitted a statement of grounds for appeal containing misapprehension of the legal principles as to the violation of the Medical Service Act, violation of the Medical Service Act, and violation of the Medical Devices Act on July 3, 2017. However, this cannot be deemed a legitimate ground for appeal due to the assertion that was filed after the lapse of the period for submitting the grounds for appeal, and even if examined ex officio, the Defendant asserted misunderstanding of the legal principles as to the violation of the Medical Service Act with the same purport as the grounds for appeal. The lower court rejected the Defendant’s and his defense counsel’s assertion in detail. In line with the foregoing judgment of the lower court, the lower court’s determination is justifiable and acceptable, and there is no error by misapprehending the legal principles, which affected the conclusion of the judgment.

However, the judgment of the court below is examined as follows, on the grounds of ex officio reversal.

2. As to the crime of violation of the Medical Devices Act, the lower court applied Articles 51(1) and 26(1) of the Medical Devices Act.

Article 51(1) and Article 26(1) (amended by Act No. 1430, Dec. 2, 2016; hereinafter the same) of the former Medical Devices Act applicable on the date of the crime is “a imprisonment with prison labor for not more than five years or a fine not exceeding twenty million won.”

Therefore, Articles 51(1) and 26(1) of the current Medical Devices Act applied by the court below are “a imprisonment with prison labor for not more than five years or a fine not exceeding 50 million won.”

As such, the current medical devices are heavier than the former medical devices.