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(영문) 대구지방법원 2018.03.08 2017고단7040
의료법위반
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who engages in marina business under the trade name of "E" in Daegu Suwon-gu D.

In spite of the fact that anyone is not allowed to engage in massage for profit without obtaining qualification approval from the Mayor/Do governor, the defendant received KRW 60,000 from the F (45 tax) who was found to be a customer without the qualification of massage on March 17, 2017, and took approximately KRW 30,000 by putting the F's timber into good hand, and putting the f's f's h's h's h's h's h's h's h's h's h's h's h'

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of photography;

1. Relevant Article of the Act and Articles 88 subparagraph 3 and 82 (1) of the Medical Service Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62(1) of the Act on the Suspension of Execution (hereinafter “The Act”) of the Criminal Act provides that the Defendant and his/her defense counsel asserts that the unconstitutionality of Article 82(1) of the Medical Service Act, which allows visual disabled persons to obtain recognition of qualification as a massageman only, infringes on the general public’s freedom of choice of occupation, etc., and thus becomes invalid.

The purpose of this case’s legal provision is to achieve the right to live a life worthy of human dignity with visual disability. Therefore, the legislative purpose of this case’s legal provision is just, and it does not require space mobility and mobility in comparison with other types of occupation, and in addition, considering the characteristics of marina business that can be easily seen as being engaged in by visual disabled persons, and thus providing them with opportunities to support their livelihood and to participate in occupational activities, the legal provision of this case’s legal provision is appropriate means to achieve such legislative purpose.

B. In the reality that welfare policies for persons with visual disabilities are inadequate, it is almost the only occupation for which people with visual disabilities can choose, and if you allow people with visual disabilities to live with visual disabilities, the livelihood of visually disabled persons.

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