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(영문) 대구지방법원 2019.10.08 2019고정778
의료법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a marina business with the trade name “D” located in Daegu Suwon-gu Suwon-gu C.

As a visually disabled person under the Act on Welfare of Persons with Disabilities, his/her massage shall be accredited to the Mayor/Do Governor pursuant to the relevant Acts, and shall not be inside his/her massage for profit without obtaining his/her qualification.

Nevertheless, at around 23:00 on March 29, 2019, the Defendant: (a) received KRW 80,000, respectively, under the pretext of massage fee from customer F and G from his/her employees, and (b) took the part in his/her body with a correct day, and (c) took the part in his/her body, thereby committing such a violation as to the Defendant’s duties.

2. Defendant B is a person working for the marina business in the name of “D” in Daegu Suwon-gu C.

As a visually disabled person under the Act on Welfare of Persons with Disabilities, his/her massage shall be accredited to the Mayor/Do Governor pursuant to the relevant Acts, and shall not be inside his/her massage for profit without obtaining his/her qualification.

Nevertheless, on March 29, 2019, the Defendant received 80,000 won under the pretext of massage fee from the customer G who found the above business establishment on March 29, 2019 for profit, and performed an act of massage with her body as a good hand and with a good hand, by the method of massage.

Summary of Evidence

1. Defendants’ full or partial statement

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes of G and F

1. Article applicable to criminal facts;

(a) Defendant A: Article 91, Article 88 subparag. 3, and Article 82(1) of the Medical Service Act;

(b) Defendant B: Article 88 subparag. 3 and Article 82(1) of the Medical Service Act

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above in the detention of a workhouse;

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