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(영문) 서울중앙지방법원 2013.04.12 2011고정4812

의료법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

A Marine shall be accredited to the Mayor/Do Governor, and no person other than a Marine shall open a place of massage treatment or massage treatment facility.

Defendant, even though he was not accredited by the Mayor/Do governor, was not a massage;

1. From February 19, 201 to May 2, 2011, in the trade name of Yeongdeungpo-gu Seoul Metropolitan Government, a place of massage practice is established by having three marina rooms with approximately 42.9 square meters in a size of 42.9 square meters and one thrown room with two rooms, etc. employed by two persons, including D, and having them visit the said place of business, receive KRW 10,000 from 22,00 per capita to a large number of unspecified customers who visited the said place of business, and having them perform massage in a way that they cut down and pressure their body using hand and elbow, etc.;

2. From February 19, 201 to May 2, 2011, the Seocho-gu Seoul Metropolitan Government is equipped with approximately 82.5 square meters in the trade name, namely, Seocho-gu, Seocho-gu, by having two visitors who visited the said business place, including F, receive KRW 10,000 per capita at KRW 22,00,00, and have them perform massage in a way of fingering and pressure their body using hand and elbows, etc., for an unspecified number of customers who visited the said business establishment; and

3. From February 19, 201 to May 2, 2011, the business name Yeongdeungpo-gu Seoul Metropolitan Government was equipped with approximately 52.8 square meters in a marina room, 4 bed, and other facilities. Three visitors, including H, who visited the said business establishment, including 22,000 won per capita and 110,000 won in a way that they are boomed and belbowed the body of an unspecified number of customers who visited the said business establishment, thereby establishing a massage place.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Application of each statute to the police interrogation protocol (including each attachment to attached material) to F, I, D, J, H, K, and L;

1. Article 87(1)2 of the Medical Service Act and Articles 82(3) and 33(2) of the same Act, respectively, shall apply to the relevant provision of criminal facts and the choice of punishment;