The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the business of this case constitutes a beauty business to which the Public Health Control Act applies, and it constitutes a beauty business to which the public health control Act applies, and the case where medical appliances are installed and managed directly by making customers manage the skin, and thus, the defendant is obligated to report the business under the Public Health Control Act.

Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in misconception of facts.

2. The Defendant is the representative of the “D” type C and C, 302, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Any person who intends to engage in beauty art business shall be equipped with the facilities and equipment as prescribed by the Ordinance of the Ministry of Health and Welfare, and shall report it to

Nevertheless, from February 25, 2014 to October 2014, the Defendant was engaged in beauty business managing the skin using the luminous ray rador, which is a medical device, in D from February 25, 2014 to October 2014, and did not report to the competent authorities.

3. According to Article 20(1)1 and the former part of Article 3(1) of the Public Health Control Act, a person who intends to run a public health business and has failed to report to the competent authority is punished.

Article 2 (1) 1 of the same Act provides beauty art business as one type of public health business, and Article 2 (1) 5 of the same Act provides that beauty art business is the business of making the appearance of customers beautiful by taking care of the faces, hair, skin, etc. of customers.

Article 2(2) of the same Act provides that the above beauty and art business may be subdivided by Presidential Decree. Accordingly, Article 4(2) of the Enforcement Decree of the same Act provides that the beauty and art business related to the skin is subdivided, and the beauty and art business is defined as “the business of performing the analysis of skin condition, skin care, hair care, eyebrow care without using medical devices or medicines”.