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(영문) 서울동부지방법원 2014.12.18 2014고정1505

의료법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. From April 10, 2014 to May 13, 2014, Defendant A, without obtaining the recognition of a massage operator from “F” at a sexual traffic business establishment located under the underground 1st floor of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu (Seoul) and received KRW 30,000 to KRW 50,000 per male customer, and sprinked off, sponsed, cut off, etc.

Accordingly, the defendant did not obtain the recognition of the Marine's qualification, and was Marine for profit.

2. From May 12, 2014 to May 13, 2014, Defendant B: (a) received KRW 50,000 per male customer per male customer at the places indicated in the foregoing paragraph (1) and had a male customer do a similar sexual intercourse that stimulates male customer’s sexual organ with his/her hand, thereby stimulatinging the sexual organ.

Accordingly, the defendant committed sexual traffic.

Summary of Evidence

1. Defendant A’s partial statement, Defendant B’s legal statement

1. A protocol concerning the examination of each police officer against G, H, I, and J;

1. Application of the respective Acts and subordinate statutes of K and L;

1. Relevant Articles of the Act on the Punishment of Acts of Arranging Sexual Traffic and the Selection of Punishment A: Defendant B of Articles 88 and 82(1) of the Medical Service Act (Selection of Fine): Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;