Acquittal of the accused shall be acquitted.

1. The Defendant in the facts charged is a person who operates beauty business (famb) under the trade name of “C” in Suwon-gu, Busan.

미용업자는 점빼기ㆍ귓볼뚫기ㆍ쌍꺼풀수술ㆍ문신ㆍ박피술 그 밖에 이와 유사한 의료행위를 하여서는 아니된다.

Nevertheless, from around October 2018 to April 2, 2019, the Defendant provided similar medical practice with all facilities necessary for 15 square meters of 15 square meters in places of business, such as simple beds, cosmetics, and equipment for stuffing, single-use sterilizations, booms, and coloring, with 10,000 won for 10,000 won for 10,000 won for 10,000 won for each female.

2. Determination

A. On November 29, 2019, the Defendant was sentenced to a fine of one million won for a violation of the Medical Service Act, including criminal facts (hereinafter “criminal facts in violation of the Medical Service Act”) that “the Defendant was sentenced to a fine of one million won for a violation of the Medical Service Act, which included a criminal fact that “the Defendant was sentenced to a fine of one million won,” and the said judgment became final and conclusive on December 7, 2019, when the Defendant was not a medical personnel, from May 2018 to May 2019, by inserting the eyebrow or the eyebrow’s eyebrow in the manner of injecting the customer with an automatic strawing machine on the part of the eyebrow or the eyebrow.”

(b) When a criminal trial becomes final and conclusive substantially, it shall not be repeatedly punished for the same offense, and when the prosecution has been instituted for the same offense as the case on which a final and conclusive judgment has been rendered, the acquittal shall be pronounced

On the other hand, the identity of facts charged or facts constituting a crime that have the effect of res judicata should be determined by taking into account the normative elements of the defendant's act and the social factual relationship based on the legal function of the identity of facts.

Supreme Court Decision 2004Do6390 Delivered on January 13, 2005