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(영문) 서울동부지방법원 2015.08.20 2015노589

의료법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant, at the time of the establishment of a massage place, was unaware of the operation of a massage place for non-disabled persons; (b) the operation of a massage place for livelihood; and (c) the first offender, etc., of the Defendant’s fine of one million won as declared by the lower court.

2. Even considering the circumstances in which the Defendant’s decision on the grounds for appeal was friendly, considering the following: (a) the Defendant operated a massage place from April 2013 to December 30, 2014 by operating it; (b) the period was not shorter than the period; (c) the Defendant, who requested a formal trial upon receiving a summary order of a fine of KRW 1.5 million, has already been reduced by a fine of KRW 1 million; and (d) upon examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the offense; and (e) the sentence imposed by the lower court against the Defendant is appropriate and the determination is not unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.