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(영문) 부산지방법원 서부지원 2018.10.02 2018고단689
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

No person, other than a massage doctor, may establish a massage place or massage place or engage in massage business.

1. Despite the fact that the Defendant was not a massage doctor, the Defendant established a massage place with two facilities, such as four, five, and five, in a space of approximately 456 square meters in size, from May 30, 2014 to September 17, 2017, with the trade name of “C” from the fourth floor of the building B in Busan Northern-gu, Busan, as the name of “C”.

2. The Defendant, at the date and time, at the place specified in Paragraph 1, and at the place, the Defendant’s employer D et al., performed massage for profit without obtaining recognition of the Defendant’s qualification as an massageman in connection with the Defendant’s business.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on Criminal Facts and Articles 87(1)2, 82(3), 33(2) (the establishment of an office without qualification and a fine) of the Medical Service Act, Articles 91, 88 subparag. 3, and 82(1) (the occupation of an office without qualification) of the Medical Service Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is that the defendant opened and operated a massage clinic without qualification as a massage club, and the fact that the crime is not good in light of the period of the crime, etc. is unfavorable to the defendant.

However, the punishment as ordered shall be determined in consideration of the circumstances favorable to the defendant, such as the confession of the crime and the fact that the defendant has no criminal record exceeding the same criminal record or fine, and other factors of sentencing revealed in the course of the trial of this case, such as the age, sex, environment, circumstances of accident and circumstances after the crime, etc.

It is so decided as per Disposition for the above reasons.

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