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The prosecutor's appeal is dismissed.
Reasons
1. The Defendant in the facts charged is a person who operates a “D luminous point” in Jongno-gu Seoul Metropolitan Government Section B Building C.
No person, other than a massage club, shall engage in massage business, and any person who intends to engage in such business shall obtain recognition from the Mayor/Do Governor as a visually disabled person pursuant to the Welfare of Disabled Persons Act.
Nevertheless, from September 28, 2012, the Defendant: (a) around September 28, 2012, against unspecified customers who had gotten beauty and found the said business place for commercial purposes, the Defendant committed an act of massage the massage by dysing and completing the flaf using the title of “Aroma program” in the name of “hyma program.”
2. The lower court determined that the Defendant was not guilty on the ground that the evidence submitted by the prosecutor alone was insufficient to deem that the Defendant was “Yanma”, and that there was no other evidence to acknowledge it, and that there was no other evidence to acknowledge it.
3. According to the evidence submitted by the prosecutor, the act of the defendant's operation "D opticalized shop" is not considered to be a "finite management" which is permitted as a part of the skin's work. The act of the defendant's operation constitutes a "binite management" under Article 82 of the Medical Service Act by promoting the blood cycle by means of cutting down a person's part of body, such as finite finite finite finite or finite finite finite or finite finite finite or finite finite finite finite or finite finite finite.
4. Examining the evidence duly adopted and examined by the court below regarding the grounds for appeal (the prosecutor did not apply for or submit additional evidence in the trial) and records, the court below’s recognition of facts and circumstances and its judgment based thereon are acceptable. Thus, the prosecutor’s above is justified.