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(영문) 부산지방법원 2017.03.31 2016고정4198

의료법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who intends to establish a massage place shall report it to the competent authority, and a person who is not a massage doctor shall not establish a massage place.

From July 2016 to September 4, 2016, the Defendant: (a) divided the “Cmast area” operated by the Defendant in Busan B from the “Cmast area” to the partitions; (b) installed three partitions; and (c) installed a massage bed; and (d) discovered the place in which the Defendant was equipped with an inner bed, etc.; and (d) embling the horses by gathering 5 to 150,00 won on the land of customers’ skins or guns; and (d) flacing them by cutting off the flacing, cutting off, or enjoying the flacing.

As a result, the Defendant established a massage place without reporting to the competent authorities, and established a massage place despite the fact that it is not a massage doctor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reports (- photographs) on internal investigation by the police;

1. Application of Acts and subordinate statutes to notify violations of public morals places;

1. Relevant legal provisions concerning criminal facts, Articles 90, 82(3), 33(3), and 83(3) (a) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter the same shall apply), Articles 87(1)2, 82(3), and 33(2) (a) of the former Medical Service Act, the establishment of a place for performing massage practice without qualification), and each of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 deemed to be the first offender, but in light of the purport and content of punishing the act of massage, etc. of this case in light of the purport and contents thereof, it is deemed that the amount of fine in the summary order is too high in full view of all the circumstances that are conditions for sentencing, including equity with regard to punishment imposed on a similar case, Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime.

I am.