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(영문) 의정부지방법원 고양지원 2021.02.17 2020고단3138
의료법위반등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts (such as brokerage, etc. of commercial sex acts), the Defendant, from August 1, 2020 to August 27, 2020, received in advance payment of KRW 100,00 to KRW 3,40,00 as the price for commercial sex acts from male customers who wish to engage in commercial sex acts, as the owner of a business located in the Dong-gu Seoul Special Metropolitan City building C located in the Gyeonggi-gu building B from August 1, 2020.

E and F had sexual traffic women, such as E and F, engage in similar sexual intercourses that sees the sexual organ of the above male guests by hand.

Accordingly, the defendant arranged sexual traffic for business purposes.

2. No person who violates the Medical Service Act may establish a massage place unless he/she has been recognized as qualified for massage among visual persons with disabilities under the Welfare of Persons with Disabilities Act;

Nevertheless, the Defendant received KRW 100,00 or KRW 340,00 from customers at the same time as Paragraph 1, and was employed as Paragraph 1 of this Article by the Defendant.

E, F, etc. had the customer take care of, take care of, or take care of, the telegraph of the above customer.

As a result, the Defendant established a massage practice without obtaining recognition of qualifications for massage doctors.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the police against E or F;

1. G Police Statements;

1. The details of text messages A and the details of A and E Kakao Stockholm dialogue;

1. Inquiries about credit card details (on a credit card sales slip);

1. Monthly tax contracts for officetels;

1. D Internet advertisements (1), (2), and (3);

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of collection);

1. Relevant legal provisions concerning facts constituting an offense, Article 19(2)1 of the Act on the Punishment of Acts, Etc. of Arranging Sexual Traffic (the point of arranging sexual traffic), Article 87-2(2)2 of the former Medical Service Act (amended by Act No. 17069, Mar. 4, 2020); Articles 87-2(2)2, 82(3), and 33(2) of the former Medical Service Act (amended by Act No. 17069, Mar. 4, 202); and each choice of imprisonment with labor;

1. The aggravated Criminal Act for concurrent crimes.

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