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(영문) 대구지방법원 2018.07.20 2018노459

의료법위반

Text

1. The part of the judgment below regarding Defendant B, C, and D shall be reversed.

2. Defendant B is punished by a fine of eight million won, Defendant C, and Defendant C.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (the fine of KRW 10 million and confiscation; the fine of KRW 10 million and the fine of KRW 10 million in case of Defendant B; and Defendant C and D: each fine of KRW 3 million) is too unreasonable.

2. Determination

A. It is recognized that Defendant A’s illegality of sentencing is recognized that the Defendant recognized the instant crime and reflects it, and that there is no criminal record exceeding the fine.

However, the crime of this case is established by the defendant-led and without the qualification of massage, and the nature of the crime is bad, and the crime of this case is likely to be changed to the place of commercial sex acts in the case of illegal massage treatment, such as the crime of this case.

In addition, in full view of the various circumstances that are conditions for sentencing, such as Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment of the lower court, the sentence imposed by the lower court is too unreasonable.

Therefore, the above defendant's assertion is without merit.

B. The crime of this case, whether Defendant B, C, and D’s sentencing is unfair or not, is recognized as having established a massage place without qualification as a massager, and was massage for the purpose of profit-making. The crime of this case is not bad, and the crime of this case is likely to be changed to the place of commercial sex acts, and the crime of this case is also recognized as having a aspect of promoting illegal acts by changing the place of commercial sex acts

However, it is recognized that the Defendants recognized all of the crimes, the Defendants’ first offense with no criminal history, and the economic situation appears to be difficult, and Defendant B attempted to operate the massage operation of the instant case upon Defendant A’s request. The degree of participation in the crime is easy, and Defendant C and D are relatively short.

In addition, the age, sex, environment, and age of the Defendants.