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(영문) 대구지방법원 2012.09.07 2012노531
의료법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant asserted that the changes made in the indictment by the lower court as the grounds for appeal are unlawful by deviating from the identity of the facts charged. However, the lower court’s decision to permit changes in indictment ex officio on January 4, 2012 was revoked on the first trial date and the illegality alleged by the Defendant was removed. Therefore, this part of the allegation is dismissed.

On July 14, 2010, the Defendant was sentenced to a fine of two million won for a violation of the Medical Service Act at the Daegu District Court, which became final and conclusive on June 30, 201. As stated in the facts charged in the instant case, the facts constituting the crime of violation of the Medical Service Act, which became final and conclusive, are identical to the social facts that form the basis thereof, and thus, a judgment of acquittal should be rendered by res judicata of the said final and conclusive judgment, but the lower court convicted the facts charged in the instant case on a different premise. In so doing, the lower court erred by misapprehending the legal doctrine on res

B. The sentence imposed by the lower court on the Defendant (three million won of a fine) is too unreasonable.

2. Determination

A. (1) An ex officio determination (1) The first facts charged to the effect that the public prosecutor’s revocation of the amendment of the indictment by the lower court stated in the lower court that “E and F, an employee of the Defendant, engaged in massage activities for profit on March 9, 201, in D located in Daegu-gu, Daegu-gu, for a commercial purpose, although he/she was not entitled to a massage,” applied for the amendment of the indictment to the effect that “the Defendant, without being entitled to a massage, established and operated a massage place at the same time and place,” and the lower court permitted it on the fourth public trial date

However, the defendant's employees did an act of massage for profit without obtaining qualification certification, and the defendant did not have the qualification to be a massage theater.

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