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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.
2. In light of the legislative purpose of the Medical Service Act to ensure that the period of the establishment and operation of the instant massage place is about five months, and that only the visually disabled person can be qualified as a massage club and that the establishment of a massage clinic or massage clinic is prohibited without qualification, the instant crime is the sight of life of the visually disabled person and human beings.
The fact that it infringes on the right to live is an unfavorable circumstance.
However, the defendant's mistake is recognized, and there is no history of punishment for the same kind of crime, and there is no particular criminal history other than one fine, and the demand for services such as helping the blood cycle or cutting down the meat assembled, which has been rapidly increased, but the supply of the visually impaired who acquired the qualification as a marb has become the background that the marbling by the non-disabled person has spread widely. In addition, in light of the size of the crime of this case and the operating period, etc., the sentencing and equity with the sentencing for similar cases should be considered in light of the above facts, and the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime of this case, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;