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Defendant shall be punished by a fine for negligence in KRW 8,000,000 (Mive million).
If the defendant does not pay the above fine, 100.
Reasons
Punishment of the crime
No one, other than massagemen, shall establish a massage place.
Despite the fact that the Defendant is not a massage, from November 28, 2019 to May 14, 2020, the Defendant was equipped with 10 rooms, including 3rd floor C and bed, in the store located in Goyang-dong, Yongsan-gu, Seoul and 200 to 14, and had the female employees, who were not qualified as a massage, share 90 to 65,000 won, 120 won, and 90,000 won for 90 to 80,000 won for 120 to 120,000 won for 120 to 10,000 won for 120 to 14, 2020 to 10,000 won.
As a result, the Defendant was not a Marine but established a massage place.
Summary of Evidence
1. Part of the police statement concerning F of the defendant's legal statement;
1. Application of Acts and subordinate statutes to report on site photographs of E business establishments (the submission of reports on the use of the card by the suspect F);
1. Article 87-2 (2) 2, Articles 33 (2) and 82 (3) of the Medical Service Act concerning the relevant criminal facts and the selection of fines;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 82 of the Medical Service Act on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment provides that only the visually impaired person can obtain the qualification of a Madice, and Article 87-2 of the same Act provides that a person without the qualification shall establish a massage place.
With regard to such qualification clauses and establishment clauses, ① the social demands for massage services by non-disabled persons are not properly reflected, and ② the right to choose occupation and equality of non-disabled persons, and the right to pursue happiness are violated by the Constitution. Therefore, the argument that the right to choose occupation and the right to pursue happiness is against the Constitution is persuasive.
In addition, the defendant's age, character and conduct, environment, scale of business and amount of profit, the attitude in the investigation agency and this court, and the records of the same crime shall be determined by taking into account the various circumstances shown in the arguments.