Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Punishment of the crime

Defendant

A is a person who operates a marina business in the name of "E" in Gangnam-gu Seoul Metropolitan Government D3, and Defendant B is a person who works as a marina branch in the above business.

1. The Defendant, from November 15, 201 to April 23, 200, without obtaining certification of the qualification as a massage club, was equipped with three marina business establishments of approximately 15 square meters, including three marina areas, seven bed, and shower rooms, employed four persons, such as B, who are not qualified as a massage club, as a marina branch office, and opened a massage business office. After having a marina office, the Defendant: (a) had the head of the marina office engage in massage activities in the form of pressureing 2-3 unspecified customers of the average of 2-3 persons on a daily basis; and (b) had them engage in massage activities for profit-making purposes by obtaining up to 22,00 to 150,00 won depending on time and type from 22,00 to 150,00 won, and without qualification as a massage office.

2. At around 23:00 on April 4, 201, Defendant B: (a) worked as a marina branch on condition that he would receive 50% of the fee for a marina, despite having no qualification as a massage club at the same place as in paragraph (1); (b) provided a false name-based customer with a fee for use, and performed a massage for profit without obtaining a license as in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police interrogation protocol to F, G, and H;

1. Relevant provisions of the Medical Service Act and Articles 88 and 82 (1) of the same Act concerning the selection of punishment for a crime;

1. 노역장유치 긱 형법 제70조, 제69조 제2항

1. The Defendants and the defense counsel asserted that Article 334(1) of the Criminal Procedure Act provides that the provisions of the Medical Service Act, which enables the visually impaired persons to engage in the business, shall violate the Constitution by infringing on the essential contents of the freedom of occupation of the non-disabled persons.

In this case, the legal provision of this case allows the visually impaired people to enjoy the view of life and human life.

(b) the right to a livelihood;