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(영문) 서울중앙지방법원 2019.10.31 2019고단5620
의료법위반등
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the employee of the “D” in the 3rd floor of the Jung-gu Seoul Metropolitan Government, and the Defendant B is the operator.

1. Defendant A

(a) No person who violates the Medical Service Act shall engage in massage for profit without obtaining a qualification as a inseminator;

Nevertheless, at around 02:00 on March 5, 2019, the Defendant, without obtaining the recognition of a Marine’s qualification, carried out a business for profit-making purposes, such as cutting down a part of the guns, such as a Marine’s body, clothes, and Marine’s body, which received KRW 150,000 from customers E and takes charge of the Marine’s body, or a marine’s body, which was assembled by cutting off the Marine’s body, etc., by hand, and receiving 50% of the massage fee.

나. 강제추행 피고인은 2019. 3. 5. 02:30분경 위와 같은 장소에서 피해자 E(여, 23세)의 가슴과 복부를 마사지 하다가 갑자기 피해자의 젖꼭지를 입으로 빨고, 오른손을 팬티 안으로 넣어 음부를 만져 피해자를 강제로 추행하였다.

2. No person who is not accredited as a massage by the competent authority, shall establish a massage place;

Nevertheless, from February 11, 2016 to March 5, 2019, the Defendant, without obtaining the recognition of a Marine’s qualification, established a massage place by having three massage rooms, one bathing facility, and shower facilities, etc., employed as an employee and finding out the place as an employee, with a charge of KRW 45,000 to 110,000 for each course from customers who discovered the place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol of suspect examination by the police against the Defendants

1. Statement to E by the police;

1. Receipt of credit card;

1. Sound CDs;

1. Application of Acts and subordinate statutes to photographs of the business concern;

1. Article applicable to criminal facts;

A. Defendant A: Article 298 of the Criminal Act (a point of indecent act by compulsion).

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