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(영문) 의정부지방법원 2021.03.11 2020고정1699
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 those prescribed by the Medical Service Act, such as massages, shall open a place of massage or massage place.

Nevertheless, from October 10, 2018 to October 18, 2020, the Defendant operated a massage place by having customers who visit the place with the inside facilities, such as matre lease, receive 50,000 to 150,000 won from the customer who visited the place with the inside facilities, and by employing the employees in the name of the non-name, and by driving the massage place by driving a massage place in such a way as to debris or flue the fluor of the customer’s fluor by driving down the fluor by cutting down or enjoying the fluor of the customer’s fluor, using the fingers, hand floor and blue blus, etc.

As a result, the Defendant established a massage place without being qualified as a massage.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on detection (violation of Medical Service Act, etc.);

1. Article 87-2 of the Medical Service Act and Articles 87-2 (2) 2 and 33 (2) of the same Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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 established by the Defendant without obtaining recognition of his qualification as a massage operator, and the nature of the crime is not good in light of the circumstances and contents.

However, if the defendant acknowledges all the facts charged in this case and reflects his mistake in depth, the defendant is a first offender who has no previous conviction, and takes into account the balance of general punishment in the same and similar cases, the punishment of summary order against the defendant is somewhat excessive.

In addition, the defendant's age, occupation, sex, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments shall be comprehensively considered.

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