beta
(영문) 서울중앙지방법원 2015.03.19 2015고단125

의료법위반

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant in violation of the Medical Service Act at a business establishment “C” did not obtain the recognition of a massage club, installed a marina room, etc. with the trade name of around 48 square meters from around December 17, 2013 to October 12, 2014 with approximately 48 indoors of approximately 13 massage rooms, etc. with the trade name of “C” from around 17, 2013 to around 4,00, and had employees employ E, etc. and have them take charge of telegraph, such as the generation, tree, shoulder, etc. of an unspecified number of customers, and have them take part in a massage and take part in a competitive bid, and establish a massage place even if he was not a massage by receiving 40,000 won from the said customers.

2. The Defendant in violation of the Medical Service Act at a business establishment “F” did not obtain the recognition of a massage club; from August 11, 2012 to October 18, 2014, the Defendant established a massage clinic with the trade name of “F” at approximately 30 square meters inside the inside of 30 square meters from G and the second floor of Seoul Special Metropolitan City, Gwanak-gu, and the second floor, and had employees employ H et al., and had them take charge of the distribution of a large number of unspecified customers, such as telegraphs, trees, shoulders, etc.; and opened a massage clinic even if the said customers were not a massage by receiving KRW 20,00 to 35,00 from the said customers.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of H by the prosecution;

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

1. Application of the Acts and subordinate statutes governing enforcement photographs;

1. Relevant Article of the Criminal Act and Articles 87 (1) 2, 82 (3), and 33 (2) of the Medical Service Act for the selection of criminal facts (or, respectively, choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is established by an unqualified person’s establishment of a massage hospital, resulting in the risk of national health, and further infringing on the right to survival of the visually impaired, and the quality of such crime is not somewhat weak.

Furthermore, the defendant is fined several times for the same crime.