The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of 4 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. On November 18, 2010, prior to the crime of this case, from around May 31, 201 to around May 31, 201, the Defendant committed the same kind of crime on the second floor of Gangnam-gu Seoul J building, Seoul, which is located near the crime of this case. Accordingly, the Defendant was sentenced to a fine of two million won due to the violation of the Medical Service Act, and the Defendant stated that he is running the business of a disqualified massage place even at the court of the trial. In addition, considering the Defendant’s age, character, character and environment, means and consequence, the sentence imposed by the lower court is deemed to be unfair, since the Defendant’s argument is well-grounded, and the Defendant’s assertion is without merit.

3. If so, the prosecutor's appeal is with merit, so the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

(However, since it is apparent that K is a mistake of “L”, the application of the law is ex officio correction in accordance with Article 25(1) of the Rules on Criminal Procedure.

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act (Selection of Punishment of Fines) concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;