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(영문) 의정부지방법원 2017.11.02 2017고정1888
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant was not recognized as a person who operates sports marina business on the fiveth floor of the building in Namyang-si, Namyang-si.

Nevertheless, at around 23:00 on June 7, 2017, the Defendant was engaged in sports marina business so-called sports strawing by gathering 50,000 won or more from one string customer and cutting down the strings or guns of customers by using the strings and hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the department related to the report of the case, field photographs, and business registration certificate;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 88 of the relevant Act and Articles 88 subparagraph 3 and 82 (1) of the Medical Service Act for the selection of criminal facts, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and that the defendant seems to be relatively poor is recognized as normal in favor of the defendant.

However, the crime of this case where the defendant operated a sports marina business without qualification as a massage, was committed for profit-making purposes in light of the contents and methods of the crime, etc., with the records of punishment several times due to the violation of the Food Sanitation Act, the violation of the School Health Act, the violation of the Health Act, etc. The general punishment in the same and similar cases, and the defendant's age, sexual behavior, intelligence and environment, and motive, circumstance, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, and economic circumstances, etc., shall be determined as ordered by taking into account the following factors.

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