All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. As to Defendant 1’s guilty portion of mistake of facts or misapprehension of legal principles, this case’s functional brain major act does not correspond to new medical technology, and the advertisement of this case consists only of objective treatment effect proven, and even though non-disclosure was posted only for a specific majority of the patient’s treatment experience, there was an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below which convicted the Defendant. 2) Punishment of unfair sentencing sentenced by the court below (3 million won of fine) is too unreasonable.

B. Regarding the part of innocence 1) misunderstanding of facts or misunderstanding of legal principles, the Defendant’s correction by putting the patient into the drafting by using a sound balance system is an act of dental treatment outside the scope of the license of the Defendant, but there is an error of misunderstanding of facts or misunderstanding of legal principles. 2) The sentence sentenced by the lower court of unreasonable sentencing is too uneas

2. Judgment on the mistake of facts or misapprehension of legal principles by the defendant

A. Relevant legal doctrine 1) The former Medical Service Act (amended by Act No. 9932, Jan. 18, 2010; hereinafter “Act”).

Article 56(2)1 of the Act provides that no advertisement shall be placed on “new medical technology without undergoing the evaluation under Article 53.” Article 53(1) of the Act provides that “The Minister of Health, Welfare and Family Affairs shall conduct an evaluation of the safety, effectiveness, etc. of new medical technology after deliberation by the Committee for Evaluation of New Medical Technology under Article 54 of the Act (hereinafter “Evaluation Committee”) in order to protect national health and promote the development of medical technology, as prescribed by Presidential Decree.”

section 23(3).

Article 53 (2) of the Act provides that "new medical technology under paragraph (1) is a newly developed medical technology and the Minister of Health, Welfare and Family Affairs recognizes the need for the assessment of safety and effectiveness."