The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant, as described in the facts charged, conducted a bed against visitors is an act of treatment pursuant to the private law which has been transmitted prior to the example, and does not constitute an oriental medical act as provided by the Act on Special Measures for the Control of Public Health Crimes, but does not constitute a medical act, and thus does not constitute a crime.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, it can be acknowledged that the defendant had conducted an cateral procedure against visitors as stated in the facts charged (hereinafter “climinary procedure”). Thus, whether the climinary procedure constitutes an oriental medical act as stipulated in Article 5 of the Act on Special Measures for the Control of Public Health Crimes is examined.

B. Standard 1) The Medical Service Act provides that both a doctor and a herb doctor shall be engaged in medical treatment and health guidance, and a herb doctor shall be engaged in herb medical treatment and health guidance (Article 2). A person who intends to be a doctor shall obtain a license from the Minister of Health and Welfare after graduating from a university or college majoring in medical science and passing a national examination. A person who intends to be a herb doctor shall obtain a license from the Minister of Health and Welfare after passing a national examination with a bachelor’s degree after graduating from a university or college majoring in herb medical science (Article 5), and a person who is not a medical person shall be prohibited from performing any medical practice other than the licensed medical person (Article 25 of the Act on Special Measures for the Control of Health Crimes). Article 5 of the Medical Service Act provides that a person who intends to be a herb doctor shall not perform any medical practice except for the licensed medical person, in violation of Article 25 of the Medical Service Act.