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(영문) 대전지방법원 2018.05.31 2018고정53

의료법위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[2018 Highly 53] The Defendant is a person who operates a shop with a mutual marina in the fifth floor of the Seo-gu B building in a war.

No massage shall be certified as a massage for profit.

Defendant shall establish one bathing room in the above place, two masta local areas, two masta local areas, two masta local rooms, one room in a male and female room, etc., and employ three persons, including D, who are Chinese, and who are not qualified to be a massage, for the same month from July 1, 2017.

7. By the end of 21.20, an unspecified number of customers, such as E, who found this place, engaged in an act of gathering sprinking, sprinks, legss, etc. in his/her hand for the purpose of restoring the skin, and acquired profits of KRW 1,890,000 during the said business period.

The Defendant did not obtain certification as a massage, and performed massage for profit.

[2018 High 303] Defendant A is a person who operates a marina shop shop in the name of “F” on the fifth floor of the Seo-gu Daejeon B building, Seo-gu, Daejeon, and G is a person who works in the said “F” from November 2017 to a marina office.

G around November 17, 2017, around 19:18, 2017, H was engaged in massage activities by taking advantage of the floor of hand, etc. with a view to taking care of or pressureing the shot light, and received KRW 50,000 per day.

Although G, an employee of the Defendant at the time and place mentioned above, as seen above, did not exercise due care and supervision over the pertinent duties in order to prevent such act, the Defendant corrected part of the facts charged ex officio to the extent that it does not interfere with the Defendant’s exercise of the right of defense, in accordance with both penal provisions of Article 91 of the Medical Service Act.

Summary of Evidence

[2018 High Court Decision 53]

1. Statement by the defendant in court;

1. I written self-statements (2018 high 303 fixed time table);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of I and G respectively;

1. Relevant legal provisions concerning criminal facts - Defendant A: Articles 91, 88 subparag. 3, and 82 subparag. 1 of the Medical Service Act, and fines.