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(영문) 수원지방법원 성남지원 2018.05.04 2018고단440
의료법위반
Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A massage for defendant A shall be a person who has completed a related educational course, etc. among visual persons with disabilities under the Welfare of Persons with Disabilities Act, and shall be entitled to obtain recognition of qualification from a Do doctor; and no person, other than a massage doctor, shall open a place of massage practice;

Nevertheless, from December 2, 2016 to December 6, 2017, the Defendant operated a marina business in the name of “G” in the Gyeonggi-si, Gwangju-si, and employed female employees, such as employees B, and had the said employees perform the massage operation by forcing them to devise a large number of unspecified customers by causing them to devise or devise the parts of the bucks and bucks, etc.

As a result, the Defendant established a massage place even though he was not a massage doctor.

2. A person who has completed a related education course, etc. among visual persons with disabilities under the Welfare of Persons with Disabilities Act shall obtain the recognition of qualification from a Do doctor; and no person shall be allowed to engage in massage for profit without obtaining the recognition of qualification of a massage doctor;

Nevertheless, the Defendant, from around December 3, 2017 to June of the same month, worked at the said marina business establishment, and performed a massage operation in such a way that the Defendant forced many unspecified customers to bucks, such as bucks, fucks, pressures on the parts of the bucks, or bits, etc., and unbucks down the buck.

In this respect, the defendant did not obtain recognition of qualifications for massages, but got massage for profit.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with H;

1. Application of statutes on site photographs;

1. Article 87(1)2, Article 33(2), and Article 82(3) of the Medical Service Act; Defendant B who selects a fine: Article 88 subparag. 3 and Article 82(1) of the Medical Service Act; Selection of a fine;

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

1. Defendant A with reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

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