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(영문) 서울중앙지방법원 2012.08.21 2011고정5309
의료법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From among the visually disabled persons under the Act on Welfare of Persons with Disabilities, a Marin shall be accredited by the competent Mayor/Do governor, who has completed a certain course prescribed by the relevant Acts and subordinate statutes. Notwithstanding the fact that a Marin cannot establish a massage place or a massage place, the Defendant was not a Marin because he/she was not accredited by the competent Mayor/Do governor. However, from April 20, 201 to May 25, 201, the Defendant was equipped with four marina rooms with a trade name of approximately 95.7 square meters, namely, “D” from April 20, 2011, and up to May 203, 201, equipped with four facilities, such as approximately 95.7 square meters, six bed, two booms, one employees waiting room, etc., who were employed by the competent Mayor/Do governor, without being accredited by the Marin, F, G, and H, and caused the Defendant to open his/her body and massage to a large number of unspecified customers who visited the above business.

Summary of Evidence

1. Partial statement of the defendant;

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

1. A charge list and a copy of daily account book;

1. Application of a copy of business registration certificate;

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

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is the primary offender; the fact that the Defendant committed an act recorded in the facts charged other than claiming that the provisions of the Medical Service Act applied to the facts charged in this case are unconstitutional; the business period and size of the said establishment operated by the Defendant; the degree of business profit; and other factors such as the Defendant’s age, character and conduct, environment, etc., shall be determined as per the order.

(Summary Order: Fine of 5 million won)

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