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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
2,535,030 won shall be additionally collected from the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant believed that misunderstanding of facts (violation of the Medical Service Act) was F’s intention, but F was registered with the hospital run by her father.
In addition, the defendant's hospital operated by the defendant prevented the defendant from providing medical treatment.
Since F was carried out the above instructions when the defendant was absent due to a business trip, F was unaware of the fact that F had done the unauthorized medical practice, and F did not have any instruction or implied consent to F to F to the effect that F had not carried out the unauthorized medical practice.
B. The sentence of the lower court (a year and six months of imprisonment, additional collection (2,535,030 won)) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The lower court acknowledged the following facts based on the evidence duly adopted and investigated by the lower court: (i) the Defendant, the general public, opened and operated a “AC” council member specializing in sexual surgery; (ii) came to know about the first day of December 2, 2011; (iii) had the Defendant serve as the counseling office for the Council member for four to five months from June 2012; (iv) the head of the above counseling office provided the patient with sexual counseling services; and (iii) the Defendant entered the victim’s living together on January 2013 and suspended the operation of the said council member; (iv) had the Defendant serve as the deputy president while opening a business trip around February 201, 201; and (v) had the Defendant provide medical treatment or take care of the patient under the name of the said council member; and (v) he provided the patient’s first day care and treatment or provided nursing services under the name of the said council member; and (v) the Defendant provided the first day care for the patient.