The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although Article 27(1) of the Medical Service Act is unconstitutional against the principle of statutory punishment, the lower court convicted the Defendant by applying the aforementioned provision.

The court below viewed the defendant's act as a medical practice, and judged that the defendant's advertisement was medical advertisement on the extension line.

Fidelity also the lower court convicted the Defendant by misapprehending the legal doctrine on the lawful act or the consent of the victim.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court, and on this point, the lower court rejected the Defendant’s and the defense counsel’s assertion in the part on “determination of the defense counsel’s assertion” as of the third to fifth of the lower judgment, and

In light of the records and legal principles of this case, the former Medical Service Act (wholly amended by Act No. 14438, Dec. 20, 2016) and the legislative intent thereof, such determination by the lower court is justified and acceptable. In so doing, it did not err by misapprehending the legal doctrine as asserted by the Defendant.

It does not seem that it does not appear.

B. There is no new circumstance or special change in circumstances that can be reflected in sentencing after the decision of the lower court on the unfair argument of sentencing is rendered.

It is recognized that the circumstance, etc. that the defendant is a primary offender, and that the physical risk that could have been actually caused to the patient due to the defendant's act in the official books and practical experience related to the cream in a foreign country is not significant.

However, unlicensed medical practice may cause serious damage to the lives and health of people, and if the defendant performed such unauthorized medical practice for profit-making purposes, the punishment for such crime is less severe.

It can not be seen, and it is actually permitted by the defendant.