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(영문) 서울북부지방법원 2018.07.13 2018고단1538
의료법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. No person in violation of the Educational Environment Protection Act shall conduct business in which physical contact has occurred between unspecified persons, exposing sex-related body parts, or acts of sexual intercourse or similarity are likely to occur, by keeping bedclothess, closed spaces, or partitions in an educational environment protection zone, or other similar facilities, in order to protect the health, safety, learning, and educational environment of students;

Nevertheless, on March 22, 2018, the Defendant, from the boundary of the B elementary school located in educational environment protection zone around 20:30, up to approximately 65 meters in straight line from the boundary of the B elementary school located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, the second floor D, which consists of a smuggling, with three rooms and one shower facility, etc., in which physical contacts occur, or where sexual intercourse is likely to occur, or sexual intercourse or similarity is likely to occur.

2. No person who violates the Medical Service Act shall establish a massage place, other than a massage club accredited by the Mayor/Do governor having jurisdiction over it;

Nevertheless, on May 30, 2014, from around March 22, 2018 to around March 22, 2018, the Defendant established a massage place, such as having the employees of the place of business receive KRW 50,00 per 50 minutes from the customers who found the place without obtaining recognition of qualification as a massage, and having them know the customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Application of D-Related evidence photographing legislation

1. Relevant Articles 16(1) and 13 of the Act on the Protection of the Educational Environment Eligible for the Selection of Punishment, and Articles 16(1) and 9(13) (the violation of the prohibition of an act in an educational environment protection zone), Article 87(1)2 of the Medical Service Act, Articles 82(3) and 33(2)1 (the establishment of an office for performing massage practice without qualification) of the Medical Service Act, and each choice of imprisonment with prison labor;

1. The aggravated Criminal Act for concurrent crimes.

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