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(영문) 서울중앙지방법원 2018.10.11 2018노1763
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an amount of KRW 3 million) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime and reflects the fact that the defendant did not have the same criminal record, and that the defendant discontinued his/her massage practice and seems not to operate his/her business any longer.

However, the crime of this case is committed by the Defendant without obtaining recognition of qualification as a massage, and the establishment of a massage clinic by employing employees who are not qualified as a massage club. In the case of illegal massage treatment establishments, such as this case, can be changed to a place of commercial sex acts, etc., and the liability for such crime is not somewhat unfavorable to the Defendant.

In addition, taking into account the following circumstances: the Defendant’s age, career, sex, environment, motive and background of a crime, circumstances after a crime, etc., and the fact that there are no new changes in circumstances that make it possible for the lower court to change the sentence in the trial at the same time, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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