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(영문) 춘천지방법원 속초지원 2015.02.25 2014고단511
의료법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A Marine who has completed a course of study or massage training under the Medical Service Act from among the visually impaired persons under the Act on Welfare of Persons with Disabilities, shall obtain recognition from the Mayor/Do Governor, and shall not establish a massage place or massage place unless he/she is a Marine.

Nevertheless, the Defendant, without obtaining the recognition of a massage, operated a massage place from May 20, 2013 to October 13, 2014 with the trade name “D” in Gangwon-gun D, and without qualification as a massageman, established a massage place by having a female who is an employee, such as “E (a disposition of suspending indictment on the same day),” “F (a disposition of suspending indictment on the same day),” “G” (a disposition of suspending indictment on the same day), etc., who employs a female who is an employee and finds the place, as an employee, in accordance with the content of massage service, received 5 to 120,000 won from an unclaimed customer according to the content of massage service, she did not establish a massage place, and by having him/her perform a massage procedure using her fingers, shoulderel, kne, knene, and fel and feling the body, and by having him/her run it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of H, F, E, or G;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 87 (1) 2 and 82 (3) of the Medical Service Act for the Selection of Punishment, and Selection of Fines (Consideration of the fact that there is no previous criminal record of the same kind);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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