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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years of suspended execution and 1.5 million won of fine for one year of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The crime of this case is determined by the following facts: (a) the Defendant, even though not a medical personnel, performed a medical act by drilling the hole in business; (b) thereby causing injury to customers; and (c) without a license practice is an offense that may cause serious harm to the lives and health of the people and reflects the effectiveness of the State’s medical license system.
Furthermore, the victim who suffered from the injury caused by the defendant's act is still trying to punish the defendant.
However, in full view of various sentencing conditions revealed in the records and pleadings, including the fact that the period of the crime committed by the defendant for his livelihood does not vary, and the size of illegal medical practice or the amount of benefits therefrom is not significant, the defendant deposited one million won for the victim during the trial of the court below, and the defendant did not have any criminal history, etc., the punishment imposed by the court below is too heavy or it is not recognized that the punishment imposed by the defendant is too heavy or unfair.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, in accordance with Article 25 of the Rules on Criminal Procedure, “on the right side” of the judgment below’s criminal facts 5, 7, and 13 shall be corrected to “on the left side”, and “on the one hand mitigation” in the application of the law, “Article 53 and Article 55(1)3 of the Criminal Act” shall be corrected to “Article 53, Article 55(1)3 and Article 55(6) of the Criminal Act”, respectively.