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(영문) 서울중앙지방법원 2012.08.21 2011고정5553
의료법위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and a fine of 50,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person who operates “E store” on the third floor of a building located in Gangseo-gu Seoul Metropolitan Government D from June 8, 2008 to May 16, 201.

The above Defendant’s employee B, F, G, H, I, J, and K did not obtain the recognition of a massage with respect to the duties of the said Defendant from the competent Mayor/Do governor. From the end of January 201 to the end of May 16, 201, to many and unspecified persons who had been customers at the said marina business establishment at the said marina business establishment, with a maximum of KRW 150,00 won per capita at the minimum of KRW 30,000 per head, and used his/her hand and elbs, thereby gathering the spons, legs, hand and arms, spons, and trees, etc. of the said customers, for profit-making purposes.

2. Defendant B did not obtain the recognition of qualification as a Marine from the competent Mayor/Do governor, and, from April 201 to May 18:30, 201, the Defendant got massage for profit as described in the foregoing paragraph (1) at the place indicated in the foregoing paragraph (1).

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each police interrogation protocol against F, G, H, I, J, and K;

1. Application of Acts and subordinate statutes to the fare list, and a copy of daily sales day;

1. Relevant Articles 91, 88, and 82(1)2 of the Medical Service Act: Defendant B: Articles 88 and 82(1) (Selection of Fine) of the Medical Service Act;

1. Defendants in custody in the Nowon-gu: (a) there is no same criminal history for sentencing under Articles 70 and 69(2) of the Criminal Act; (b) Defendant B is the primary offender; and (c) Defendant B is recognized as having committed an act indicated in the facts charged except for the assertion that the provision of the Medical Service Act applied to the instant facts charged is unconstitutional; (c) Defendant A’s business period and size; (d) the degree of business profit; (e) Defendant B’s participation in the crime; and (e) the age, character, and environment of the Defendants.

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