Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

No person shall establish a massage place or massage place without being recognized as qualified for massage services.

Nevertheless, the Defendant did not obtain recognition of the qualification as a massage, and, from July 9, 2016 to June 29, 2017, had 70 square meters of the area of approximately 70 square meters in the name of "C" from the 4th underground floor of Gwanak-gu in Seoul Special Metropolitan City, and had 10,000 won per hour from the customers who found the place and received 50,000 won from 50,000 won to 10,000 won of the shower room, and had 2 employees know the body of customers, such as referring to the flabing flab and flading the flabing of the telegraph by hand.

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. Written statements of D;

1. The application of Acts and subordinate statutes on documentary evidence and Internet evidence;

1. Article 87 (1) 2 of the Medical Service Act and Articles 82 (3) and 33 (2) of the same Act concerning facts constituting an offense, and Articles 87 (1) 2, 82 (3), and 33 of the same Act concerning the selection of punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Since the applicable law of this case, which allows the disabled persons from the perspective of the defendant and his/her defense counsel to take exclusive charge of all the applicable law, is unconstitutional, the defendant cannot be punished on the basis of the above law.

2. Article 34(5) of the Constitution declares the State’s duty to protect citizens, including physically handicapped persons, who have no means of living. The legislative purpose of the instant legal provision is to realize the right to live worthy of human dignity on the basis of the constitutional request against the physically handicapped persons.

Therefore, the legitimacy of the purpose is recognized.

In addition, only a small number of people with disabilities are engaged in massage business.

However, it is easy to carry out with the disabled with the developmental sense of promotion.