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(영문) 대전지방법원 홍성지원 2021.03.24 2020고단1017
의료법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant is a person who operates a marina business with the trade name “C” in Chungcheongnam-si, Chungcheongnam-si.

No person other than a massage doctor may open a place of massage practice.

Nevertheless, even though the Defendant did not obtain recognition of the qualification as a massage, the Defendant, from August 28, 2017 to February 18, 2020, equipped with a price list comprised of 60,000 to 140,000 won depending on the body part and massage time for whom he/she is to receive massage, and opened a massage place by having the said employees receive the said amount of money from many unspecified customers, who find out the same, by having them engage in an act of massage with the body part, such as fingers, shoulders, etc., of customers with fingers and fingers, and by having them take care of the body part of his/her fingers, such as fingers, knicks, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Application of each statute on photographs;

1. Relevant legal provisions of the Act and Articles 87-2 (2) 2, 82 (3) and 33 (2) 1 of the Medical Service Act concerning facts constituting an offense, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Act is considerable to the Defendant’s period during which the Defendant illegally operated the massage clinic, and the Defendant committed the instant crime even though he was placed prior to the suspended sentence of imprisonment for the same kind of crime in the past.

However, in light of the fact that the Defendant recognized the instant crime, and the circumstance where the Defendant was operating the instant business establishment appears to exist, the Defendant’s age, sex, environment, circumstances leading to the instant crime, motive and motive leading to the instant crime, and other various circumstances, which form the conditions for sentencing as indicated in the records and theories of the instant case, shall be determined as ordered by the sentence.

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