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(영문) 의정부지방법원 고양지원 2018.09.21 2018고단1659
의료법위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

【Criminal Records】 On March 24, 2017, the Defendant was sentenced to a suspended sentence of two years for the four months of imprisonment with prison labor for an injury at the District Court for the same year.

4. 1. The judgment becomes final and conclusive and is still under suspension of execution.

【Defendant-Appellant” is a person who operates a place of massage practice with the trade name “C” on the 2nd floor of Ilyang-gu Seoul Metropolitan City.

Marine shall be qualified as a person who has completed the curriculum or training course prescribed by the Medical Service Act from among visual persons with disabilities under the Welfare of Persons with Disabilities Act, and shall not establish a massage place unless he/she is a massage doctor.

The Defendant did not obtain recognition of the qualification as a massage, and, from around December 24, 2017 to around February 10, 2018, the Defendant, from male customers who visited the place of massage treatment in the above C, received KRW 45,000 to KRW 90,00 for each course, and had female employees, who were not aware of the name without the qualification as a massage, establish a massage place and run a massage place even if they were not a massage, by having them do the act of massage treatment by having male customers take charge of the telegraph of their general customers by taking charge of drinking and drinking, and by having them do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Documents to be submitted;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each judgment;

1. The pertinent legal provisions on criminal facts, Articles 87(1)2, 82(3), and 33(2) of the Medical Service Act on the selection of punishment, and the Defendant appears to have an attitude of reflecting the Defendant’s wrong recognition of the reasons for sentencing sentencing of imprisonment. However, on September 7, 2016, the Defendant was sentenced to a suspension of the execution of imprisonment with prison labor for a violation of the Medical Service Act, etc. on the grounds that the Defendant was sentenced to a suspension of the execution of the sentence for a period of 8 months on September 7, 2016, and the said judgment became final and conclusive at that time during the suspension of the execution, but the same type of crime was committed during the suspension of the execution of the sentence.

In addition, the above circumstances and other periods during which the defendant operated a massage place, profits accrued therefrom, the age, sex, and environment of the defendant;

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