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(영문) 청주지방법원영동지원 2020.08.13 2020고정22

의료법위반

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 established and operated a marina business establishment from January 20, 202 to February 1, 2020 with the trade name “C” in Chungcheongnam-gun, Chungcheongnam-gun, and D is a person who managed and operated the said business establishment from January 31, 202 to February 1, 2020.

No one, other than a massage club, shall establish a massage treatment facility or massage parlor.

Nevertheless, the Defendant, without being qualified as D and Marine, employed E and F at the above date, at the above place, and caused many unspecified customers, such as G, who visited the above place of business, to take 60,000 won per hour, and got them to take a massage in a way that they blue their body using hand and elbows, etc.

Accordingly, the defendant, in collusion with D, opened a massage place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 87-2 (2) 2 of the Medical Service Act, the main sentence of Article 87-2 (2), Articles 82 (3) and 33 (2) of the same Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, tried to easily gain economic benefits by committing the instant crime in which he/she is not a massageman but establishes a massage place.

Considering that the establishment of massage parlors by persons other than massages is not eradicated, thereby ensuring the adequacy and safety of massage services provided to the people and the purpose of the Medical Service Act for protecting the livelihood of visually impaired persons is not sufficiently achieved, the defendant's responsibility is not less exceptionally.

However, it seems that the period for the defendant to operate a massage place is not long, and the profit gained by the crime of this case is not significant.

The defendant shows his attitude to recognize and reflect the crime of this case.

In addition, the defendant's age, character and behavior;