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The prosecutor's appeal is dismissed.
Reasons
1. In light of all the circumstances such as the legislative purpose of the Medical Service Act comprehensively prohibiting a non-medical person from performing medical practice in order to protect the right to life and health of the people, the motive, purpose, method, frequency, and knowledge level of the defendant's practice, the defendant's act of setting several guidelines on several occasions constitutes a violation of the Medical Service Act, which may cause harm to the people's health, and thus, constitutes a violation of the Medical Service Act. However, the judgment of the court below which recognized a legitimate act is erroneous
2. Determination
A. The summary of the facts charged is that the Defendant is in office as C. C. C. A. A. A. A. A. A. a person who is engaged in spot-sale, manufacturing, and processing business with D trade name, no person may conduct medical practice, and no medical personnel may conduct medical practice except those licensed.
Nevertheless, the defendant from April 2013 to the same year.
8. From among those who purchase ginseng powder, melting powder, melting powder, etc. within the office of the 16th E in Yangju-si, those who visited the above place were 10 persons who visited the above place by setting the guidelines for seeing the beer and setting out this guidelines.
B. The judgment of the court below and the first instance court on the grounds that the following legal principles, i.e., the "act which does not violate the social rules," refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act which does not violate the social norms, should be determined individually by considering the specific circumstances and reasonably, under the following specific circumstances. Thus, in order to recognize such a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the second method or method, and the third protective interest.