2. The crime of this case committed by the Defendant without qualification as a massage operator, which allows the establishment of a massage clinic only to a person who is recognized as qualified, in light of the legislative intent of the Medical Service Act, the liability for the crime of this case is minor in light of the legislative intent of the Medical Service Act

shall not be deemed to exist.

However, the defendant has no record of criminal punishment in the Republic of Korea, and is against the mistake by recognizing the crime of this case.

In addition, considering various sentencing conditions shown in the records and arguments of this case, including the size and operation period of the place of the massage operation in which the defendant was established, such as the defendant's age, sex, environment, motive and means of the crime, and circumstances after the crime, the sentence of the court below is deemed appropriate.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion 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.