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(영문) 서울중앙지방법원 2012.08.21 2011고정7033
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From among the visually impaired under the Act on Welfare of Persons with Disabilities, a Marine has completed a certain course prescribed by relevant Acts and subordinate statutes, and is recognized to the competent Mayor/Do governor. Notwithstanding the fact that a Marine is not qualified as a Marine because he/she was not qualified by the competent Mayor/Do governor, the Defendant established a place of massage treatment by having two unspecified customers who visited the said place of business, including 82.5 square meters in the trade name of Jung-gu Seoul, Jung-gu from April 2009 to July 14, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of D or E;

1. Circumstances leading to the investigation report;

1. Application of Acts and subordinate statutes to public relations signboard photographs and leaflet copies;

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act (Selection of Punishment of Fines) concerning facts constituting an offense;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is the primary offender; the fact that the Defendant committed an act indicated in the facts charged other than claiming that the provisions of the Medical Service Act applied to the facts charged in the instant case are unconstitutional; the period and size of the business establishment operated by the Defendant, the degree of business profit, and the motive and circumstances leading to the instant crime in the course of settlement into the Republic of Korea by both the Defendant and their employees as North Korean defectors, shall be determined as per Disposition, taking into account the following factors:

(Summary Order: Fine of 5 million won)

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