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(영문) 수원지방법원 안산지원 2015.07.01 2015고정197
의료법위반등
Text

Defendant shall be punished by a fine of KRW 800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 11, 2014, at least 15:30, the Defendant got off approximately KRW 70,000 from E, a customer, without being accredited as a massage, in the “D” operated by the Defendant in Ansan-si, Ansan-si, the Defendant got out of approximately one hour and 30 minutes, using the hand floor, elbs, and scarbs, and scarbs, thereby pushing out the telegraph of E using it.

Accordingly, the defendant did not obtain the recognition of the Marine's qualification, and was Marine for profit.

Summary of Evidence

1. Legal statement of E;

1. Statement of the first police interrogation protocol against the accused in part;

1. Statement of the police statement of E;

1. General medical certificate, medical opinion, and integrated records;

1. Application of statutes on business registration certificates;

1. Article 88 of the Medical Service Act and Articles 88 and 82 (1) of the same Act concerning criminal facts and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Claims by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act and determination of the provisional payment order

1. The alleged defendant's act against the victim at the time of the instant case constitutes medical practice or massage under the Medical Service Act, and thus, it is not guilty.

2. Determination

A. Article 82 of the Medical Service Act provides that, among visually impaired persons under the Act on Welfare of Persons with Disabilities, a inseminator who falls under subparagraphs 1 and 2 of the same Article shall be accredited by the competent Mayor/Do Governor (Article 25). Notwithstanding the provisions of Article 25, a inseminator whose qualification has been accredited may engage in massage business (Article 25 (2). (Article 88 of the same Act provides that the limitation of duties, the source of massage, the principle of practice, the method of practice, the method of practice, etc. shall be prescribed by Ordinance of the Ministry of Health and Welfare (Article 82 (1). Article 88 of the same Act provides that a person who performs massage for profit without being accredited as a inseminator under Article 82 (1) shall be punished.

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