A. In light of the legal principle that the defendant has a assistant nurse's license, and that the defendant has been engaged in the surgery of eyebrow directly to customers in the past and in the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of the surgery of

B. The sentence of a fine of KRW 700,000 imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In light of the legal principle’s argument, when a certain procedure falling under a medical practice was performed without a license, the illegality of the act is excluded only when it is deemed to constitute an act acceptable in light of the overall legal order or the social ethics or social norms, taking into account the degree of danger of the procedure, general public’s time, motive, purpose, method, frequency of the procedure, knowledge level of the procedure, experience in the procedure, age, body quality, health condition, possibility of occurrence of side effects or danger caused by the procedure, etc., the act does not violate the social norms (see Supreme Court Decision 2005Do8317, Jun. 28, 2007). The court below duly adopted and examined the following circumstances acknowledged by the evidence, namely, the defendant was well aware that only medical personnel can perform the eyebrow surgery, considering the possibility of direct invasion on the body of the defendant, and the possibility of the defendant’s physical side effects or side effects on the eye surgery.