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(영문) 서울중앙지방법원 2015.09.24 2015고정3234

의료법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person, other than Defendant A Marin may establish a massage practice establishment;

On April 15, 2015, the Defendant, at around 13:20 on April 15, 2015, opened a massage place without being recognized as a massage club by having two marina rooms and two beds, etc. in the Fma area located in Seocho-gu Seoul Metropolitan Government, and by having employees, such as B, engage in massage against customers, and receiving 5,000 won from customers.

2. Defendant B received monthly wage of KRW 1,500,000 at the time, place, and served as an employee of Fmazine business establishments, and was engaged in the telegraph, such as a customer’s bridge and a bridge, and performed a massage for profit without obtaining the recognition of a brine’s qualification, by taking charge of, or taking charge of, telegraph, including a bridge, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation report (Fmazine photographs of business places);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 87(1)2, Article 82(3), and Article 33(2)1 of the Medical Service Act; the selection of fines

B. Defendant B: Articles 88 and 82(1) of the Medical Service Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act