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(영문) 대전지방법원 2017.07.07 2016고정1505
의료법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 13:00 on July 5, 2016, the Defendant, without obtaining recognition of the qualification of a massage company, provided the massage service that helps customers recover or recover blood circulation by releasing the guns of customers, such as fel, knee, knee, knebbbbbbs, bucks, shoulder, head, etc. against the customer F (the remaining, 43 years old) and paying the fee of KRW 63,000.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to a report on investigation (E)

1. Relevant Article of the Act on Criminal Facts and Articles 88 and 82 (1) of the Medical Service Act for the Selection of Punishment (Selection of Fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant is a person who is qualified as a skin beauty artist.

The defendant only performed the overall management of the customer F's skin for the beauty art, and does not engage in a massage act under the Medical Service Act.

2. Determination

A. Article 82(1) of the Medical Service Act provides, among persons with visual disabilities under the Act on the Welfare of Persons with Disabilities, that any person who has completed a massage training course, etc. shall obtain recognition of qualification from the Mayor/Do governor. Article 82(4) of the same Act provides that matters concerning the limit of duties of massage doctors, standards for facilities of massage parlors or massage clinics shall be prescribed by Ordinance of the Ministry of Health and Welfare. Article 88 of the same Act provides that any person who has performed massage for profit without obtaining the recognition of qualification as a massage under Article 82(1) of the same Act shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 10 million won.

Article 82 (4) of the above Medical Service Act, which is the Ordinance of the Ministry of Health and Welfare, enacted with the delegation of Article 82 (4) of the above Medical Service Act, Article 2 of the Rules on Marine's Work.

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