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(영문) 서울서부지방법원 2017.05.25 2017고정370

의료법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although it is not possible for the Defendant to establish a massage place, the Defendant did not obtain recognition of the qualification for a massage club from the competent Mayor/Do Governor to October 6, 2016. From around July 20, 2016 to around 3, the Defendant established a massage place with the facilities, such as five marina rooms, five rooms for women and women, one room for women and women, and one room for spawn, etc., equipped with employees D, etc. to perform massage against many unspecified customers in his/her hands, and then, established a massage place with 18,000 to 100,000 won, from among customers. < Amended by Act No. 14335, Jul. 20, 2016>

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with respect to D, E, or F;

1. Application of statutes governing field enforcement photographs;

1. Article 87(1)2, Article 82(3), and Article 33(2)1 (a) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016);

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize and reflects the instant crime. However, there are many criminal records including one punishment for the same kind of crime, and in light of the legislative intent of the Medical Service Act allowing a person who is recognized as a certain qualification to open a massage place, the Defendant who operates the massage place business even though he/she is not qualified as a massageman is less vulnerable to the Defendant’s liability for committing the crime.

The sentence shall be determined as ordered in consideration of all kinds of sentencing conditions, such as the defendant's age, sex, environment, and circumstances after the crime.