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(영문) 인천지방법원 2017.04.21 2017고단1857

의료법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who is not a massage doctor shall not establish a massage place, and he/she shall obtain the recognition of qualifications of the competent authority from the perspective of persons with disabilities.

Nevertheless, around August 24, 2014, the Defendant, without qualification, opened a massage place with the trade name “D” No. 310 of the Gangnam-gu Seoul Metropolitan Government Seoul Building C, and employed a disqualified marina as an employee from around that time to January 13, 2017, and allowed many unspecified customers, including E to perform a disqualified massage procedure.

As a result, the Defendant established and operated a massage clinic without qualification.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. E statements;

1. Application of Acts and subordinate statutes to name cards;

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) of the Medical Service Act concerning the relevant criminal facts and Articles 87 (1) 2, 82 (3), and 33 (2) of the same Act concerning the selection of punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are against the Defendant, having no record of the same kind of crime, the size of the massage practice place, the number of the employees employed, and the business duration of the instant case, shall be determined by comprehensively taking into account all the factors of sentencing revealed in the instant case.