The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The penalty (two million won of fine) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The judgment did not have any record of criminal punishment prior to the instant case; the Defendant recognized his mistake; the Defendant’s operation of the sports marina business establishment of the instant case for his livelihood was not closedly operated; the Defendant’s assertion is reasonable on the grounds that the demand for the service, such as helping the blood cycle or cutting down the flab, has rapidly increased, but the supply of the visually impaired who acquired the qualification as a marbrity, eventually led to the wide spread of the marization by non-disabled persons, and the supply of the visually impaired who acquired the qualification as a marbrity has become difficult. In full view of the size and business period of the instant business, the Defendant’s age, character and conduct, and environment, etc., of the instant case, the lower court’s punishment is somewhat inappropriate.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

Since the summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns in the judgment of the court below, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 91, 88, and 82 (1) of the Medical Service Act related to the crime;

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