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(영문) 서울중앙지방법원 2015.01.28 2014고정5808

의료법위반

Text

Defendant

A shall be punished by a fine of KRW 1,500,00 and by a fine of KRW 3,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is an employee of the marina business in the trade name "D" in Jongno-gu Seoul Metropolitan Government 636, and Defendant B is the owner of the above business.

1. The Defendant, without obtaining the recognition of a massage club from the competent authority, was engaged in the so-called sports massage business, so-called sports massage business that discharges fright by stimulates 40,00 won per 30 minutes from E, etc., who was found to be a guest on October 14, 2014, and was engaged in the business of 60 square meters (a approximately 18 square meters) in a marina business in the trade name, namely, “D,” from July 2014 to October 20, 2014.

2. Defendant B did not obtain certification of qualification as a massage, and committed an act in violation of the preceding paragraph with respect to massage business without qualification.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. Each police interrogation protocol against the Defendants

1. E prosecutorial statement;

1. Each statement of the defendant A and E;

1. Voluntary reports, field photographs, and application of statutes on business registration certificates;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 88 and 82(1) of the Medical Service Act (Selection of Fines);

(b) Defendant B: Articles 91, 88, and 82(1) of the Medical Service Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.