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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant merely caused an employee who has the qualification of the skin manager to do so on the part of the customer, etc., and to do so, and did not perform an massage operation for profit-making purposes.
B. The sentence of the lower court’s unfair sentencing (one million won) is too heavy.
2. Determination
A. As to the assertion of mistake of facts and misapprehension of legal principles, Article 82(1) of the Medical Service Act provides that a massage club shall obtain recognition of qualification from the Mayor/Do governor as a person who has completed a massage training course, etc. among persons with disabilities at the time under the Welfare of Persons with Disabilities Act. Article 82(4) of the same Act provides that matters concerning the limit of duties of massage and the standards for facilities of massage parlors or massage parlors shall be prescribed by Ordinance of the Ministry of Health and Welfare. Article 88 of the same Act provides that a person who performs massage for profit without obtaining the recognition of qualification as a massage club under Article 82(1) of the same Act shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding
2) In addition, Article 2 of the “Rules on Marine’s Work”, which was enacted upon delegation of Article 82(4) of the said Act, refers to performing physical therapy on the human body as follows: “The duties of Marine’s Work is various veterinary methods, such as massage, marina, and Marina, or the use of electrical appliances, or other self-conceptive methods, with respect to the limitation of duties of Marine’s work.
In addition to the purpose of the Medical Service Act, Article 82 of the Medical Service Act provides that "the body shall be taken in the form of hand or special apparatus for the purpose of improving people's health, such as the source of massage treatment, the principle of procedure, the method of procedure, the method of procedure, the method of procedure, the legislative purpose of the Medical Service Act."