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(영문) 서울남부지방법원 2021.02.03 2020고정2039
의료법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a massage procedure with the trade name "C" in Gangseo-gu Seoul Metropolitan Government B and 3 floors.

No person shall establish a place of massage treatment, other than those accredited by a competent authority.

Nevertheless, on October 8, 2020, the Defendant did not obtain the recognition of the qualification as a massage club from the competent authority, and opened a massage clinic by having 5 studio and 1 staff room in the trade name of “C” at the above place on October 23, 2020, and employing 30,000 won per hour for employees D who did not obtain the recognition of the qualification as a massage club under the condition that she would pay 30,000 won per hour to customers visiting the above place of business, and having them play massage by using cream and fingers using face, shoulder and fingers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

1. Relevant Article of the Act and Articles 87-2 (2) 2, 82 (3), and 33 (2) 1 of the Medical Service Act concerning the facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, considering the facility and size of the place of the massage practice in this case, the details of the offense, and the Defendant’s primary offender, the punishment of the summary order is somewhat excessive.

The punishment as ordered shall be determined by comprehensively taking into account the defendant's age, sex, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of the case.

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