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(영문) 수원지방법원 안양지원 2015.01.30 2014고정1072

의료법위반등

Text

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

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

Reasons

Punishment of the crime

The Defendant, along with D, operated a marina business with the trade name called “Fmaz” of the Gu E and the third floor in Ansan-si.

1. From April 2, 2012 to September 22, 200, the Defendant violated the Medical Service Act: (a) had six rooms equipped with simple beds, lighting, etc.; (b) two shower rooms; and (c) one room for female employees, etc.; and (d) had a large number of unspecified male customers suffering from the said places at KRW 35,00 per man’s length at KRW 35,00,000; (b) without obtaining the recognition of the qualification of a massage; (c) had them buy, bridge, shoulder, shoulder, hus, etc.; and (d) had them find the land to be assembled by facilitating the circulation of blood in a way of cutting off the land, such as cutting off it into a profit-making, and had them do the above-mentioned G and female employees not have qualifications.

As can be seen, the Defendant conspired with D, G, and H only stated that the facts charged are “in collusion with D,” but Article 88 of the Medical Service Act punishs “a person who performed massage for the purpose of profit-making without obtaining the recognition of a massageman’s qualification.” As such, it cannot be deemed that the Defendant and D got female employees G and H to engage in massage, it does not directly constitute “a person who performed massage.” However, it is reasonable to deem that the Defendant, as the Defendant, D, G, and H conspired to engage in massage, and that the facts charged do not pose any substantial disadvantage to the Defendant’s exercise of his/her right to defense. Accordingly, it is determined that the Defendant’s crime was modified and thus, it does not constitute a case where he/she

The act of massage was performed for profit without obtaining the recognition of qualification for the massage.

2. The Defendant in violation of the Juvenile Protection Act, in collusion with D, shall be equipped with beds, bathing rooms, etc. at the above time and place, employing female employees, and mainly visited male customers to many and unspecified persons.