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. 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 (three million won of fine) is too unreasonable.

2. Article 82 (1) of the Medical Service Act provides that "marine" shall be construed as "an act to the extent that the body is taken with hand or special apparatus for the purpose of improving the health of the people, or that the body is laid down by various swimming methods, such as massages, paralysiss, or pressure, the use of electrical appliances, etc., and other stimulative methods, and the use of electrical appliances and other stimulative methods so that the body is laid down by promoting the circulation of blood." 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 treatment facility of this case with the intention of improving the health of the people, and found the above business establishments to be subject to punishment by the defendant, such as the size of the defendant's hair and stimulities, etc., or the physical motive and condition of the defendant's body, etc.

3. If so, the defendant's appeal is reasonable.