The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below is too large.

2. The fact that the Defendant’s operation period of the massage procedure is relatively short is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflecteds his mistake, and that there is no specific criminal history until now except for those sentenced twice to a fine before around 1999, and that the present is no longer operating, are considered to be favorable to the defendant.

In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and Articles 82 (3), 87 (1) 2 and 33 (2) of the Medical Service Act for the Selection of Punishment;

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

1. In full view of the conditions of sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the sentence is determined as per Disposition.