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The defendant shall be innocent.
Reasons
1. Summary of the facts charged in this case
(a) A person who intends to conduct a sanitary business in the public sector (the point of non-reported business) in violation of the Public Sanitary Control Act shall be equipped with facilities and equipment prescribed by relevant Acts and subordinate statutes and shall report it to the competent authorities;
Nevertheless, the Defendant did not report to the competent authority from around June 15, 2017 to around 305, 305, 404, 8.2 square meters of the residential area of the Defendant, and operated a unreported beauty business without filing a report on sales equivalent to approximately KRW 100,000 won on an average monthly basis by providing three chairs, 3, and 8.2 square meters of the residential area with other beauty appliances, and by providing them with pumps, salting, and other beauty appliances.
(b) No person, other than a person who has obtained a beauty artist's license, shall open a beauty art business or engage in such business;
Nevertheless, from around June 2007 to June 15, 2017, the Defendant opened beauty business at the same place as Paragraph 1, and provided beauty services to the customers who found the place with the pumps, chrops, and dysing.
2. The purpose of the Public Health Control Act is to contribute to the improvement of health of the people by prescribing matters concerning the business and the sanitary management, etc. of facilities used by the public (Article 1); the term “public sanitary business” means the business of providing sanitary management services to many people, such as beauty business, etc. (Article 2(2)1); and the term “ beauty business” means the business of cultivating the appearance of customers by taking good care of their faces, hairs, skins, skins, etc. (Article 2(2)5).
The penal laws and regulations must be strictly interpreted and applied. The purpose of the public sanitary law, the contents of the above provisions, the beauty art business is the business of careing the appearance of the customer, and the business is the business of continuously and repeatedly performing the same kind of act as the purpose of profit-making (Supreme Court Decision 198Hun-Ga delivered on June 1, 198).