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(영문) 수원지방법원 평택지원 2019.09.06 2019고정137

의료법위반

Text

[Defendant A] The defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 1, 2018, Defendant A operated the Masung building and “D” on the second floor, even though he is not a Marine, Defendant A, who employed Ma and B without qualifications as a Marine, allowed his women to engage in massage, such as a Marin, etc. against an unspecified customer who found the said Marine, and operated the Marine clinic business to receive KRW 20,000 from his customers.

As a result, the Defendant was not a Marine but established a massage place.

2. Defendant B, even though he was not qualified as a massage at the date, time, and place indicated in paragraph (1), received KRW 20,000 for 40 minutes without being entitled to be a massage, and had inflicted an injury on customers under the name of the deceased, such as a massage, etc.

Accordingly, the defendant did not obtain the recognition of a massage, but got a massage for the purpose of profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of statutes on site photographs;

1. Article 87 (1) 2, Article 33 (2), and Article 82 (3) of the Medical Service Act; Defendant A who selects a fine: Article 88 subparag. 3 and Article 82 (1) of the Medical Service Act; Selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act [Defendant A] [Defendant A], taking into account the following factors of sentencing, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of the instant case, such as the circumstances after the crime.

The factors of sentencing favorable to the defendant: the defendant's mistake is recognized, and the defendant's unfavorable factors of sentencing that are unfavorable to the closure of the place of business of this case around October 11, 2018 are two times the criminal records of the same kind of fine (the defendant B). The defendant's mistake is recognized and reflected, the first offender is the defendant's age, character and conduct, environment, and motive for the crime.