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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below found the Defendant guilty as to each of the facts charged in this case by misunderstanding facts or misunderstanding legal principles on the Public Health Control Act, although the Defendant’s act of misunderstanding facts or misunderstanding the legal principles is the place where chlofing drugs are sold, and the customer’s act of assisting in chlofing by using chlofing drugs is not deemed to fall under beauty business or beauty art business.
B. The lower court’s sentence (1.5 million won of a fine) imposed on the Defendant is too unreasonable.
2. Determination
A. The following facts and circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court to find facts or misapprehension of the legal doctrine as to the assertion of mistake of facts or misapprehension of the legal doctrine are as follows: (a) the Defendant, without filing a business report under the Public Health Control Act; (b) provided 1,00 square meters in size of 26.46 square meters in the criminal facts as indicated in the judgment of the lower court (hereinafter “instant business establishment”); (c) sold color drugs, cosmetics, etc. to many unspecified customers; (d) the Defendant received 10,000 won in return for coloring the head of the customer; and (e) was deemed to have been paid additional charges when the public official of Nowon-gu in charge of the instant case, at the time of regulating the head of the customer; and (e) the Defendant’s act was not merely a sales act of chlograph drugs or an auxiliary free-of-charge service incidental thereto; and (e) the Defendant’s assertion that the aforementioned act constitutes a common beauty business under Article 2(1)5 and 4 of the Enforcement Decree of the Public Health Control Act.
B. Although determining the assertion on unreasonable sentencing, the defendant raised an objection in 1993.