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(영문) 대구지방법원 김천지원 2016.09.20 2016고정262
의료법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

A person who intends to establish a massage place shall be qualified as a massager.

Nevertheless, on November 21, 2015, from around 01 to February 013, 2016, the Defendant operated a massage place with the trade name “E” in GumisiD, without obtaining recognition of the qualification as a massage, and opened a massage place without qualification by employing an unqualified F, G, H, I, J, K, etc., and allowing an unspecified number of people to perform massage to obtain massage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of a police officer against F, G, H, I, K, and J;

1. A certificate of L;

1. Application of the Acts and subordinate statutes of a police internal investigation report (a photograph of Mabiographs);

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized as the Defendant was the first offender, but the Defendant, even though the instant judgment is in progress, was in operation of the place of the instant massage practice, and was under control. In full view of all other circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the amount of fine in the summary order is too high, taking into account the following circumstances: (a) the Defendant’s age, sex, environment, motive, means and consequence of the crime;

It does not appear.

Therefore, the punishment is determined as ordered.

Judgment on the proposal for adjudication on constitutionality

1. Article 82(1) and Article 88 of the Medical Service Act (Law No. 13108, Jan. 28, 2015) that is subject to a request for adjudication on the constitutionality of the instant provision of the Act subject to the request is as follows.

Article 82 (Marine) (1) From among visual persons with a disability under the Welfare of Persons with Disabilities Act, each of the following persons shall be recognized as qualified to the Mayor/Do Governor:

1. Education corresponding to a high school among special schools under subparagraph 5 of Article 2 of the Elementary and Secondary Education Act;

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