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(영문) 전주지방법원 정읍지원 2018.10.23 2018고정100
의료법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who is a person with visual disability of the defendant A and is not a massage club recognized as qualified by the Mayor/Do governor, may open a massage clinic;

Nevertheless, on May 16, 2016, from around March 6, 2018 to around March 6, 2018, the Defendant, without qualification, operated a marina shop with the trade name called “D” in the previous North-Eup Seoul building and the second floor, employing female employees, such as employees B, etc., and had the said employees perform massage operations against many unspecified customers by means of pressureing on the part of the floor.

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

2. A person who has completed a related education course, etc. among visual persons with disabilities under the Welfare of Persons with Disabilities Act shall obtain recognition of qualification from the Mayor/Do Governor, and no person shall engage in massage for profit without obtaining recognition of qualifications for massage.

Nevertheless, the Defendant’s business establishment from around 18:30 on March 8, 2018 to 19:00 on the same day.

In the 7th room in the room, he did not obtain recognition of qualification as a massage, and performed the massage practice by receiving the massage cost of KRW 70,000 against E, the customer of the said business, and by drinking the telegraph.

In this respect, the defendant did not obtain recognition of qualifications for massages, but got massage for profit.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of E and F;

1. Reporting on the arrest of the case;

1. Domestic investigation reports (the details of the detection of D business sites at the site) by statutes;

1. Article 87 (1) 2, Article 82 (3), Article 33 (2) 1 (main sentence) of the Medical Service Act, and Article 88 subparagraph 3 and Article 82 (1) (main sentence) of the Medical Service Act, and Article 88 subparagraph 3 and Article 82 (2) of the Medical Service Act, and Article 82 subparagraph 1 (main sentence) of the selection of fines;

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

1. The welfare policy for the disabled at the time of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act is to be implemented.

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