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(영문) 서울중앙지방법원 2013.10.02 2011고정6008 (1)

의료법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Although the Defendant was not accredited by the competent Mayor/Do governor, the Defendant, from May 8, 201 to July 18, 201, performed massage in the “D” on the 2nd floor of Gangdong-gu Seoul Metropolitan Government from around May 8, 2011, using hand and elbows, and used the body of customers in the manner of pressureing their body, and received 50% of the price of massage received from customers in return for the purpose of profit-making.

Summary of Evidence

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

1. Each statement in the second protocol of trial, Co-defendant E and F;

1. Application of each daily sales account book and D Acts and subordinate statutes governing indoor and outdoor boundaries;

1. The main sentence of Article 88 and Article 82 (1) Governing the relevant provisions concerning facts constituting an offense;

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The provisions of the Medical Service Act of this case that grant qualification to the visually impaired only is unconstitutional or highly likely to be constitutional.

2. The Constitutional Court rendered a decision that the above provision does not violate the Constitution on October 30, 2008, like the Constitutional Court Order 2006Hun-Ma1098, etc. (Supreme Court Decision 2008Hun-Ma664, Jul. 29, 2010) and the Constitutional Court Decision 2008Hun-Ma664, Jun. 27, 2013.

[Reference to the Constitutional Court Decision 2011Hun-Ga39, 2012Hun-Ma608, and 2013Hun-Ga, decided June 27, 2013]