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(영문) 서울동부지방법원 2015.08.12 2015고정1045

의료법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violating the Medical Service Act is a person who operates a marina business with the trade name “C” in Gwangjin-gu Seoul Special Metropolitan City.

No person who is not qualified as a massager shall establish a massage place.

Nevertheless, on November 28, 2013, the Defendant established five guest rooms at the above business establishment and employed female employees. From around that time to March 22:30, 2015, the Defendant: (a) collected 30,000 won per hour from many unspecified customers who found the place at the above business establishment; and (b) caused female employees to take the place in such a manner that they take the body of the customers by taking advantage of their hand and arms or cut the body of the customers by taking advantage of their arms, etc.

As a result, the Defendant established and operated a massage place without qualification as a massage operator.

2. The school environmental sanitation and cleanup zone in violation of the School Health Act shall be prohibited from conducting the business in which physical contacts, such as dancing, pets, antipulmonary massages, liquid shocks, etc. are made, or any sex-related physical parts are likely to be exposed or similar act is likely to be done, or installing facilities capable of conducting such business;

Nevertheless, for the same period as the above paragraph (1), the Defendant installed a smuggling with separate facilities, such as a toilet, and bedclothes, at the business establishments specified in the above Paragraph (1) located within the school environmental sanitation and cleanup zone located after approximately 130 meters from D elementary schools, and operated a massage place business where physical contact is made, exposure to the physical parts related to sex, sexual behavior or similarity is possible.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Suppression photographs;

1. Application of Acts and subordinate statutes to investigation reports (related provisions in school environmental sanitation and cleanup zones);

1. Article 87(1)2, Article 82(3), and Article 33(2) of the Medical Service Act (the establishment of an office without qualification and the selection of fines), Article 19(2), and Article 6 of the School Health Act for criminal facts;