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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. In light of the 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 and that it is not a medical practice, and that the Defendant is against the Defendant, the sentence imposed by the lower court (hereinafter referred to as KRW 4 million) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor applied for changes in the indictment with respect to the defendant as stated in the following facts charged at the trial of the court, and since this court permitted this, the judgment of the court below cannot be maintained any further.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
Criminal facts
The Defendant is a person who is operating a marina business with the trade name "D" in Gangnam-gu Seoul Metropolitan Government C 202.
1. No person, other than a massager, shall open a massage practice establishment or massage parlor;
However, the defendant was not accredited to the competent Mayor/Do governor.
Nevertheless, around August 28, 2010, the Defendant, with the trade name of “D”, which is a business establishment of the relevant marina shop, installed a facility such as a simplified bed, which is about 25 square meters, and employed E without being qualified as a massageman and engaged in massage activities, and operated a massage place without qualification from around that time until April 1, 2013.
2. The Defendant, at the place indicated in the foregoing paragraph 1., established a massage place in the foregoing manner, and employed E who did not obtain the recognition of a massageman.
On July 26, 2012, the Defendant: (a) on July 26, 2012, to non-qualified massage E.