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(영문) 서울동부지방법원 2017.06.02 2017고정380
의료법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is the employee of Gangdong-gu Seoul Metropolitan Government 2nd floor “C”.

Marine shall be qualified as a person with visual disability, etc. under the Welfare of Persons with Disabilities Act and shall be recognized by the Mayor/Do Governor.

Nevertheless, on September 24, 2016, at around 00:10 on September 24, 2016, Defendant 1, without the recognition of the above qualification, she received KRW 60,000 from customers D, etc. within the “C” No. 202 of Gangdong-gu Seoul Metropolitan Government B Building No. 202, and she was aware of his/her hand and leg for one hour and 30 minutes.

Accordingly, the defendant did not obtain the recognition of qualification as a massage and got a massage for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes on copies of receipts;

1. Article 88 of the relevant Act and Articles 82(1) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016); the selection of fines for criminal facts;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the background and frequency of the Defendant’s commission of the instant crime, the fact that the Defendant has no record of the crime, the Defendant’s age, sexual conduct, motive and means of the instant crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors:

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