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(영문) 서울동부지방법원 2014.03.19 2014고정226

의료법위반등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act shall establish a massage place without obtaining a recognition of qualification as a inseminator;

Around September 10, 2013, the Defendant did not obtain recognition of a massage, and around September 10, 2013, at the business establishment of Seongdong-gu Seoul Metropolitan Government B 'C', the partitions was equipped with 4 studio, and the Defendant established a massage place by taking charge of fishing, shoulder, sacrine, etc. with 80,00 won from customers D, and by taking care of her fingers, sacrine,

2. No person who violates the School Health Act shall operate a school environmental sanitation and cleanup zone referred to in the Juvenile Protection Act prohibited from allowing access to or employing juveniles.

Nevertheless, the Defendant, at the above “C” business located in the school environmental sanitation and cleanup zone located 30 meters away from the boundary of the F university located in Seongdong-gu Seoul, in the time indicated in the preceding paragraph, operated the “business prohibited from access by and employment of juveniles” by operating the “business prohibited from access by and employment of juveniles” by operating a closed space (tightly closed space) and the partitions, which are in a room.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of each statute on photographs;

1. Article 87 (1) 2, Article 82 (3), Article 33 (2) of the Medical Service Act (hereafter referred to as “unqualified place of business”) on criminal facts, and Articles 19 and 6 (1) of the former School Health Act (Amended by Act No. 12131, Dec. 30, 2013);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;