The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

The above fine shall be imposed on the defendant.

1. The summary of the grounds for appeal is too unreasonable that the punishment of the original judgment (one year of imprisonment, two years of suspended execution, fine of three million won, confiscation) is too unreasonable.

2. We examine the judgment. The crime of this case is a crime falling under Article 5 subparag. 3 of the Act on Special Measures for the Control of Public Health Crimes, Article 27(1) of the Medical Service Act, and its statutory penalty is to be imposed concurrently with imprisonment with prison labor for life or for not less than 2 years, but not more than 10 million won. Thus, in a case where imprisonment with prison labor and a fine are to be imposed concurrently, unless there are special provisions, it is unlawful that the punishment is to be mitigated only by imprisonment with prison labor, and the fine is not to be mitigated by discretionary mitigation. The same applies to the case where, in addition to imprisonment with prison labor and a fine, the provision for discretionary mitigation is stated only for imprisonment with prison labor, and the fine is included within the scope within which the sentence of the fine is to be mitigated by discretionary mitigation and discretionary mitigation is not to be mitigated by discretionary mitigation.

(2) The court below sentenced 3 million won including both within the scope of discretionary mitigation and discretionary mitigation without any provision on discretionary mitigation, while reducing the amount of imprisonment. The court below sentenced 3 million won including all within the scope of discretionary mitigation and discretionary mitigation. The judgment of the court below is unlawful in this respect and thus cannot avoid reversal.

3. As above, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, on the grounds of ex officio reversal, and the following judgment is delivered after pleading.

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 5 subparagraph 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act;