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(영문) 대구지방법원 김천지원 2016.11.02 2016고단991

의료법위반

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutually skin management office called “C” in the old and American City B.

On January 26, 2016, the Defendant provided 30 minutes of massage and received KRW 50,00 from the said customer by using her hand and her knee part, etc., the fele, which was assembled by a customer D (the 57-year-old age), who visited the said business establishment, without being accredited as a massage, using the her hand and her knee part, and by pressure, etc., her felling the fel, and receiving KRW 50,00 from said customer.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (information on confirmation of the site and Internet homepage, and business registration-related data);

1. Articles 88 and 82 (1) of the Medical Service Act related to the crimes;

1. In light of the fact that the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence, despite the fact that the defendant had been punished twice for the same crime, and that the scale of the business establishment of this case is not small, the crime is likely not to repeat again while the business establishment of this case was closed down at present, and the punishment is determined as ordered by taking into account all the factors of sentencing indicated in the records of this case, such as the background of the crime of this case, the age, character and conduct of the defendant, and environment.