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(영문) 서울중앙지방법원 2018.07.03 2018고단3071
의료법위반
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant, who was not recognized as a massage capacity and was not allowed to establish a massage treatment establishment unless a massage doctor is a massage. Notwithstanding the fact that, from February 10, 2018 to April 12, 2018, the Defendant classified the name “E” from the second floor of the building in Gangnam-gu Seoul Metropolitan Dental building into “E”, and the name of F, G, H, and I employed by a female employee who did not obtain recognition of his qualification as a massage, and used his hand pressure against many unspecified customers by taking advantage of the hand pressure against the general public, and received fees of KRW 30,500 won or KRW 55,000 per time from customers.

Accordingly, the Defendant established a massage practice center even though he is not a person who falls under the Marine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer concerning F, G, H, and I;

1. Written Statement;

1. On-site photographs, street images of E business, internal photographs, and business registration certificates;

1. Application of Acts and subordinate statutes to each domain and books and records;

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) of the Medical Service Act concerning facts constituting an offense; the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant was punished for the same type of crime (a crime of violating the Act on the Protection of Educational Environment also relating to the operation of marina business places) (a crime of violating the Act on the Protection of Educational Environment) up to five times, and the Defendant selected imprisonment.

However, the defendant's statement to the effect that he recognizes the crime of this case and reflects it, only the records of being sentenced to a fine for the same kind of crime, and the defendant is responsible for living under the economic circumstances that are difficult.

In addition, the execution of the above imprisonment is suspended considering the sentencing conditions under Article 51 of the Criminal Code as shown in the argument of this case.

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