beta
(영문) 수원지방법원 2016.01.28 2015고정3123

학교보건법위반등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Health Act in a school shall engage in physical contacts between unspecified persons, exposure to a sealed part, etc., or provide services which are likely to cause any act similar thereto, within the Cleanup Zone for Environmental Sanitation in a school;

Nevertheless, from April 20, 2015 to August 23:30, 2015, the Defendant: (a) made a partition from Suwon-si, Suwon-si, a relative environmental sanitation cleanup zone, which was 138 meters away from B elementary schools in a straight line from B elementary schools; (b) installed four rooms and one shower room, and installed one stop room in each room; and (c) installed clothes, etc. in custody of mathds, gards, and maths and maths, etc.; and (d) provided employees with marina services in return for money to unspecified customers, the Defendant provided employees with a service that is likely to engage in sexual contact or other similar acts, such as exposure to sealed parts; and (e) provided employees with marina services.

2. No person who violates the Medical Service Act shall engage in massage for profit without obtaining the recognition of qualifications for massage doctors;

The defendant employed D, at the above date and place, which was not recognized as a massageman from the Gyeonggi-do branch, as a marina, and had the customer receive a fee, and had the customer receive the fee.

Accordingly, the defendant did not qualify as a massage in collusion with D and did not become a massage for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each statement of E and F;

1. Investigation report (a summary of video recording statement);

1. On-site photographs;

1. A copy of lot number map of a school Cleanup Zone;

1. Application of Acts and subordinate statutes on the screen on the street on the NAV map;

1. Relevant Article 19(2) and Article 6(1)19 of the School Health Act concerning facts constituting an offense; Articles 88 and 82(1) of the Medical Service Act; Article 30 of the Criminal Act; and each fine shall be selected, respectively.