beta
(영문) 대구지방법원 2015.03.27 2014노1523

공중위생관리법위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendants did not commit an act of misunderstanding facts in a way that they did not know about whether they did not use math from the perspective of the skin, the judgment of the court below recognized the liability of violation of the Medical Service Act, which affected the conclusion of the judgment by misunderstanding

B. The sentence sentenced by the court below on unreasonable sentencing (the fine of two million won for Defendant A, and the fine of one million won for Defendant B) is too unreasonable.

2. Determination

A. The Defendants and the defense counsel at the court below made the same assertion as the grounds for appeal of this case at the court below. However, the court below rejected the above assertion in detail under the title of "decision on the argument of the Defendants and the defense counsel". In full view of the evidence duly adopted and investigated by the court below, the court below's decision that the Defendants' act constitutes algotition is just and acceptable, and there is no error of law by misunderstanding facts in violation of the rules of evidence and affecting the conclusion of the judgment.

(In particular, the Defendants are merely a magbs according to the teaching materials of skin-use qualifications. However, the teaching materials submitted by the Defendants contain considerably the techniques assessed as an magsa in excess of the skin cosmetic, so the Defendants’ acts cannot be justified on the ground that they conducted procedures in accordance with the above teaching materials. Therefore, this part of the Defendants’ assertion is without merit.

B. As to the assertion on unfair sentencing, Defendant A made a confession and reflect on the crime of violation of the Public Health Control Act; Defendant B’s first offender; Defendant B’s criminal period is not relatively long; there are circumstances that may be taken into account the circumstances leading to the occurrence of the instant crime; and in the instant crime, the demand for services, such as helping the blood cycle or releasing the frighted meat, etc., has increased rapidly, but is qualified as a massage.