의료법위반등
The prosecutor's appeal is dismissed.
1. The gist of the prosecutor’s grounds of appeal (e.g., in light of the nature of each of the instant crimes, the circumstances after the commission of the crime, the attitude of the Defendant, which appears in the course of the investigation and trial, etc., the sentence of the lower court against the Defendant (five months of imprisonment and two years of suspended execution) is too uneasible and unfair
2. The Defendant, who violated the Medical Service Act in this case, has been punished one time of suspended sentence and one time of fine. Nevertheless, the Defendant established three places of massage treatment and operated it up to the recent years. However, the alteration in this case is merely a temporary and unexpected crime because it is difficult to strengthen punishment for illegal massage treatment facilities. The Defendant’s demand for services such as aiding the blood cycle or cutting down the fright, but supply of the visually handicapped who acquired qualification as a massage has increased rapidly, is difficult to see that the value of punishment for the Defendant is high, and the Defendant has already reported the closure of the massage treatment in this case, and subsequently closed the business within one time, and then did not reach the remainder of the crime, and thus, did not accept the Defendant’s assertion that the Defendant’s motive and behavior are more favorable to the Defendant, as a result of the Defendant’s argument that the aforementioned alteration in this case did not appear in light of the following circumstances.
3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.