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(영문) 대전지방법원 천안지원 2015.10.29 2015고정745

의료법위반

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

A person who intends to engage in a massage club shall be qualified as a visually disabled person as prescribed by the Act by the Mayor/Do Governor, and no person, other than a massage club, shall establish a massage clinic.

Nevertheless, the Defendant, around December 26, 2013, opened and operated a massage place with the business registration certificate from Asan City as D with the trade name in Asan City as “D” and had him/her engage in an act of pressure, etc., such as fingers and fingers, against those who have been engaged in customers, such as E, by employing the persons who have been in bad faith in D stores on August 10, 2014, around 15:30.

Accordingly, the Defendant established a massage place without obtaining qualification.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of the Acts and subordinate statutes stated in investigation reports (Attachment of Suspect A business registration certificate);

1. Relevant Article of the Act on Criminal Facts and Articles 87 (1) 2, 82 (3), and 33 (2) 1 of the Medical Service Act for the Selection of Punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment under Article 334(1) is that the defendant, as the owner of "D", employed a person without his/her name as the owner of "D" and operated a massage place business. On the other hand, the defendant, as the first offender, is recognized and reflected in the crime, and the defendant's age, character and conduct, and environment, etc. are considered as the order.