The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (eight months) of the original judgment is too unreasonable.

2. The court below's decision is unreasonable in light of the following: (a) although the defendant had the same power and did not recover damage to the patient of the non-licensed medical practice of this case; (b) the defendant deposited 5 million won for the patient; (c) the defendant deposited 5 million won in the first instance court for the patient; (d) the defendant's previous years before about 24 years; and (e) the case constitutes a case where the patient consented in advance for non-licensed medical practice of this case; (c) the defendant seriously reflects the crime of this case through the life of confinement between the two months; and (d) the situation where the profit acquired by the crime of this case is not significant, etc., there is room to deal with the crime of this case only once; and (e) other factors concerning the sentencing as shown in the records and arguments of this case, including the background of the crime of this case, the defendant's age, character and conduct, and circumstances after the crime, etc., it

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) and 27 (1) of the Act on the Selection of Criminal Crimes, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. Social service order under Article 62-2 of the Criminal Act;

1. Articles 32 (1) 1 and (2), and 25 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the application for compensation is illegal because it does not fall under an offense subject to a compensation order);