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(영문) 서울중앙지방법원 2013.08.09 2011고정6008
의료법위반
Text

Defendant

A A shall be punished by a fine of KRW 5,00,00, by a fine of KRW 1,00,000, by a fine of KRW 1,00,00.

The defendants are the defendants.

Reasons

Punishment of the crime

1. Although Defendant A was not accredited by the competent Mayor/Do governor, Defendant A, from June 14, 201 to July 18, 201, had approximately 198 square meters of 198 square meters in the name of “I” on the H2 floor of Gangdong-gu Seoul Metropolitan Government H, Gangdong-gu, with 18 square meters in a marina room, sloping room, shower room, employee air room, etc., and had 12 employees, including Defendant B, etc., hired 12 unspecified customers who visited the said business place, and had them wear a massage place without qualification by having them wear a brin and booming their body, which was 65,000 won per capita and 105,000 won for a large number of unspecified customers who visited the said business place.

2. Although Defendant B, C, D, E, C, D, and E did not obtain the recognition of a massage club from the competent Mayor/Do governor, Defendant B, D from July 1, 201 to July 18, 201, Defendant C, and E, from June 1, 201 to June 18, 201, were to put in the said “I” in the manner of cutting down and suppressing the body of customers by using hand and arms, etc., and to receive 50% of the price of massage received from customers in return, they were to put in massage for profit without the qualification of each massage club.

Summary of Evidence

1. Defendants’ respective statements in the second protocol of trial;

1. The application of each daily sales account book and statutes governing I indoor and extra-air boundaries;

1. Defendant A of the pertinent legal provision relating to the facts constituting an offense: A of the aggregate of Articles 87 (1) 2, 82 (3), and 33 (2) 1 of the Medical Service Act (Selection of Fines), B, C, D, and E: The main sentence of Article 88 and Article 82 (1) (Selection of Fines);

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The provisions of the Medical Service Act of this case that grant qualification to the visually impaired only is unconstitutional or highly likely to be constitutional.

2. The Constitutional Court Decision 2006Hun-Ma1098 Decided October 30, 2008, etc.

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