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(영문) 서울중앙지방법원 2013.06.20 2012노4286
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the sentencing conditions, such as the fact that the Medical Service Act of this case permits the qualification of a massageman only for the visually disabled persons to obtain the qualification of a massage in the summary of the grounds for appeal is unconstitutional, and the Defendants are against the Constitution, the sentence (Defendant A: fine of 2 million won, and fine of 700,000 won: fine of 70,000 won) declared by the court below is too unreasonable.

2. One of the Defendants is the time to commit the instant crime, and the period of business is not long, but Article 82(1) of the Medical Service Act (hereinafter “instant legal provisions”) provides that the visually impaired persons may enjoy a view of life and human life.

The legislative purpose of this case is to realize the right to enjoy a long-term life. In light of the characteristics of massage business that is easy for the visually impaired who has developed a cryptive sense, it can be recognized that it is an appropriate means to achieve such legislative purpose in the case of the legal provisions of this case that provide the visually impaired people with an opportunity to enjoy their livelihood by monopolying the massage business and to participate in occupational activities. In the case of Defendant A, the current court at the trial of the political party stated to the purport that the massage business of this case is in operation of the massage business of this case. Defendant B was punished by a fine of one million won as a violation of the Medical Service Act of August 22, 201. Defendant A was sentenced to a fine of five million won as requested by the summary order at the court below, and Defendant B was also sentenced to a fine of two million won which has been considerably reduced from the fine of five million won as requested by the summary order, Defendant B also appears to have been sufficiently considered in the sentencing of the case, the size of the case and the reasons for which the summary order had already been claimed.

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