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(영문) 서울중앙지방법원 2016.06.13 2015고정4339
의료법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, with the trade name of “E” in Gangnam-gu Seoul Metropolitan Government, is a person who operates an illegal massage place against customers by employing employees who are disqualified soldiers.

No person, other than a medical person, shall perform medical practice, and engage in massage and massage activities for profit without obtaining the recognition of qualification for massageman from the Mayor/Do Governor.

Nevertheless, around July 7, 2015, the Defendant employed two women of the mother’s nationality (F and G) who did not obtain recognition of the qualification as a massage, and received KRW 30,000 per hour from customers, and had the said women of the mother’s nationality flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly flickly.

In this way, the Defendant conspired with the above women of the motherland and committed an act of massage for profit without being qualified as a massage club.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement (A, F, G, H, or Non-Name);

1. Application of Acts and subordinate statutes to each protocol of suspect interrogation of the police to the defendant, G, or F

1. Article 88 and Article 82 (1) of the Medical Service Act, Article 30 of the Criminal Act, and the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the proposal for adjudication on the unconstitutionality of Article 334(1) of the Criminal Procedure Act

1. The part of Article 82(1) of the Medical Service Act (Act No. 13108, Jan. 28, 2015) stipulating the purport of the application and the part of “a person who performs massage for profit without obtaining the recognition of qualification as a massage under Article 82(1)” under Article 88 of the same Act and “a person who performs massage for profit without obtaining the recognition of qualification as a massage under Article 82(1)” under Article 82(1) of the same

2. Article 82(1) and Article 88 of the Medical Service Act (Law No. 13108, Jan. 28, 2015) that is subject to a request for a trial on the constitutionality of the instant provision of the Act, shall be as follows.

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