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(영문) 서울중앙지방법원 2016.03.24 2016고정173

의료법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant established a massage place in Seoul Special Metropolitan City, Gwanak-gu D and 5, with the trade name of “E”, and on May 2015, the Defendant was a person who operated an illegal massage place against customers on the condition that “E” and “E” are divided into 5:5.

No person, other than a medical person, shall perform medical practice, and engage in massage and massage activities for profit without obtaining the recognition of qualification for massageman from the Mayor/Do Governor.

The F, on September 5, 2015, by receiving KRW 90,00 from customers G from the said “E”, the F, using the fingers and fingers floor, etc., performed an act of gathering the flabs of customers by cutting the flabs of their skins or flabsing the flabs by causing the flabing of their flabs, and by releasing their flabs, performed the massage business for profit-making purposes

In this way, the Defendant conspired with F to engage in an act of massage for profit without qualification.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to the F;

1. G statements;

1. Application of Acts and subordinate statutes to report the detection;

1. Relevant Articles 88 and 82 (1) of the Medical Service Act, and Article 30 of the Criminal Act concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant recognizes and reflects the crime except for the case where the defendant asserts the unconstitutionality of the punishment laws and regulations, and that there is no same criminal record, etc., the circumstances favorable to the sentencing shall be considered.

On the other hand, the Supreme Court and the Constitutional Court already did not violate the Constitution on several occasions.

[See Supreme Court Decision 2013Do104 Decided March 27, 2014, etc.] The Constitutional Court Decision 2011Hun-Ga39, 2012Hun-Ma608, 2013Hun-Ga3 (merger) Decided June 27, 2013, etc.] The punishment for the defendant's act is inevitable in light of the legislative purpose of the current Medical Service Act, and other defendants' age and age.