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(영문) 부산지방법원서부지원 2020.08.20 2020고정139
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. From August 2013 to October 28, 2019, the Defendant had 5,00 to 1.110,00 won from 55,00 to 1.10,00 won according to each massage service at the establishment of "C", the 3rd floor of Busan, Busan, and had the customers who found the place, including D, promote the circulation of blood by taking charge of or taking charge of the crym, shoulder, arms, legs, clothes, etc., and to cry the crym, and let the customers who found the place.

Accordingly, even though the defendant is not a massage, the defendant established a massage place.

2. Around 09:50 on October 28, 2019, D, an employee of the Defendant, performed an act of massage for profit, such as promoting the circulation of blood by receiving KRW 110,00 won from E, and taking charge of, or taking over, a tree, shoulder, arms, legs, clothes, etc., and cutting down the garment at a “C” business establishment located in Busan Shodong-gu B and 3, Busan, Busan, and thus, he performed an act of massage without obtaining the qualification of a massage with respect to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. E statements;

1. 112 reported case handling table;

1. On-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 5, 6);

1. Article 87 (2) 2, Article 33 (2), Article 82 (3) of the former Medical Service Act (amended by Act No. 1655, Aug. 27, 2019); Articles 91, subparagraph 3 of Article 88, and Article 82 (1) of the Medical Service Act (amended by Act No. 1655, Aug. 27, 201);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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