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(영문) 의정부지방법원 2017.02.01 2015고단4511
의료법위반교사
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is an operator of a place of massage practice in the trade name of "D Marina" on the second floor of the C Building in Yangju-si, and Defendant B is an employee of the said place of business.

Defendant

From January 21, 2015 to September 17, 2015, A received KRW 100,000 per cash from an unspecified number of people who were found to be customers at the said establishment, and directed Defendant B into the said establishment, and Defendant B did not obtain certification of a massage capacity, and Defendant B did an act of massage, such as taking the custody of trees, shoulders, arms, etc. of an unspecified number of people without obtaining certification of a massage capacity.

As a result, Defendant A instigated Defendant B, who did not obtain certification of qualifications for massages, to engage in massage for profit-making purposes, and Defendant B engaged in massage activities for profit-making purposes without obtaining certification of qualifications for massages.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of a suspect against the defendant A;

1. The protocol concerning the interrogation of the suspect against the Defendants

1. Application of Acts and subordinate statutes to a monetary statement, a detailed statement of management expenses of the C building, and a certificate of receipt;

1. Relevant legal provisions and Defendant A with respect to the facts of crime: Articles 88 and 82(1) of the Medical Service Act, and Article 31 of the Criminal Act (Selection of Imprisonment): Defendant B: Articles 88 and 82(1) (Selection of Imprisonment) of the Medical Service Act;

1. Article 62 (1) of the Criminal Act for a suspended sentence (the following favorable circumstances):

1. In addition, even though the Defendants were punished for the same crime for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection and Observation, etc. of the Social Service Order (Defendant A) and the community service order (the Defendants), the Defendants committed the instant crime.

However, the defendants' errors are all recognized and their depth is divided.

It was not punished by a fine for the same crime.

At present, the possibility of recidivism seems to be low by closing the massage treatment center.

In addition, the defendants' age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime are various.

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