The defendant's appeal is dismissed.

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 (hereinafter referred to as “fine 1.5 million won”) is too unreasonable.

2. Although the defendant does not have the same criminal history, the "marin" under Article 82 (1) of the Medical Service Act means that the defendant's physical operation of his body with his hand or with a special device for the purpose of improving the health of the people is "an act to the extent that it is laid down by promoting the circulation of blood, such as cutting down the body, cutting down, or pressureing the body in accordance with various climatic methods, such as massages, paralysiss, or pressures, using electrical appliances, and other climatic methods, etc., and so on." 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 admitted and examined by the court below, the defendant, as stated in the judgment of the court below, operated the massage procedure of this case with the intention of reducing the qualification of the defendant and found the above businesses of the defendant's body, taking into account the size of the defendant's physical operation and punishment method of the defendant, etc.