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(영문) 부산지방법원 2017.10.26 2017고정1817
의료법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

In particular, in light of the facts charged as stated in the indictment and the applicable legal provisions, it is apparent that “Article 87(1)2 of the Medical Service Act”, which is the penal provisions, was omitted, was applied by adding them.

No one, other than massagemen, shall establish a massage place.

On February 24, 2017, the Defendant was equipped with four rooms, escape rooms, shower rooms, and other facilities on the second floor of the Geumcheon-gu Busan Metropolitan Government building B, and had female employees come to know to customers C, and received 5,000 won in return, etc. from October 15, 2014 to February 24, 2017, the Defendant received 55,000 won for an unspecified customer from around February 15, 2014 to around February 24, 2017 for an unspecified customer, and had the employee come to know to the said place.

As a result, the Defendant established a massage place even though he was not a massage doctor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (C telephone conversations, 32 pages of investigation records);

1. Application of Acts and subordinate statutes on investigation reports (six pages of investigation records, such as site photographs);

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) of the Medical Service Act concerning the relevant criminal facts and Articles 87 (1) 2, 82 (3), and 33 (2) 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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