의료법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. In light of sentencing conditions, such as the fact that the instant act by the Defendant was conducted by the method of taking custody for the recovery of skin, etc., and that it was not a medical practice, the sentence imposed by the lower court (2 million won of fine) is too unreasonable.
2. Article 82 (1) of the Medical Service Act provides that "mathy" shall be construed as "an act to the extent that it takes physical treatment to the human body by taking charge of, taking advantage of the body with hand or special apparatus for the purpose of improving the health of the people, taking care of, taking advantage of the body, taking advantage of various methods such as massage and paralysis, flading, or pressure, using electrical appliances or using other stimulative methods, and cutting down the body, etc. of the human body." This is not limited to acts that might cause harm to public health and sanitation (see Supreme Court Decision 2007Do5531, May 14, 2009). According to evidence duly adopted and examined by the court below, since the court below operated the massage procedure of this case with the intention of improving the health of the people, and found the above businesses of the defendant's hair, taking into account the size of the defendant's hair, taking into account the motive of the crime, taking into account the defendant's appearance, taking into account or physical condition of the defendant's hair, etc.
3. If so, the defendant's appeal is justified.