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(영문) 서울중앙지방법원 2015.12.24 2015고단6284
의료법위반
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the actual owner of “E”, which is an illegal massage practice place, on the second floor of the building located in Gangnam-gu Seoul Metropolitan Government D.

The defendant requested F to be engaged in the business when he was aware of his knowledge to F, and F conspired with F to operate an illegal massage place by accepting it.

No person shall establish a massage treatment establishment without being accredited by the Mayor/Do Governor.

From December 26, 2014 to March 17, 2015, the Defendant: (a) at the foregoing “E” business establishment, up to approximately 60 square meters, the Defendant: (b) installed a five room in the inside of about 60 square meters; (c) installed two rooms in the 3-person room; (d) two rooms in the 2-person room; (e) one shower room; (e) six women in the fluent country who entered the tourist, entered the place of tourism; and (e) employed six women in the fluent country who entered the place of business, including 35,000 to 70,000 won per hour, and (e) had women in the said fluent country become aware of the body of customers, including labing, using hand and blus, etc.

As such, the Defendant conspired with F to establish a massage place without being accredited.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. Application of Acts and subordinate statutes to each investigation report (Attachment of control details and control photographs, attachment of a copy of E-Transaction List, and application of field control photographs;

1. Article 87 (1) 2, Articles 82 (3) and 33 (2) of the Medical Service Act, Article 30 of the Criminal Act, the choice of imprisonment for a crime, Article 30 of the Criminal Act

1. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The defendant has reported the closure of business by committing a crime that the defendant established a massage place without obtaining the recognition of a massage club qualification at the same place as this case, and is favorable to the fact that he/she has been sentenced to a suspended sentence of imprisonment: The defendant has committed a crime against himself/herself, and the defendant has reported the closure of business.

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