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(영문) 대구지방법원 2015.06.11 2015고정335
의료법위반
Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person, other than Defendant A Marin may establish a massage practice establishment;

Nevertheless, from February 13, 2014 to September 22, 2014, the Defendant established and operated a massage place in which the head of the competent Mayor/Do Governor, without being accredited as a massage club by his/her competent Mayor/Do Governor, he/she was equipped with the 3rd floor D business in Daegu-gu, Daegu-gu, with four massage facilities, and found the said business place for many unspecified customers, with an amount of KRW 50,000 to KRW 180,000,000,000, and 180,000 won and 180,000 won, and 200,000 won, and the Defendant laid down and operated a massage place in which flabsing the flab by using the hand and hand floor of the customers’ body

As a result, the Defendant was not a Marine but established a massage place.

2. No person shall be allowed to engage in massage for profit without obtaining an accreditation of Defendant B Marine;

Nevertheless, the Defendant continued to commit a crime from November 5, 2007 to September 22, 2014, although the date and time of committing the crime was from November 5, 2007 to September 22, 2014, the date and time of committing the crime by Defendant B, recognized by evidence, appears to be around 04:50 on September 22, 2014, and there is no evidence to deem that the Defendant continued to commit a crime from November 5, 2007 to September 22, 2014.

around 04:50, without being accredited as a massage at the above D business establishment, engage in an act of physically stimulating the body of a person by putting the body into a flag or the body of a person by using the flag's hand and hand floor to E, and received 70,000 won from E.

Accordingly, the defendant did not obtain the recognition of the Marine's qualification, and was Marine for profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. The application of Acts and subordinate statutes to detect, crack down, and investigate businesses violating the Medical Service Act;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 87(1)2, Article 82(3), and Article 33(2) of the Medical Service Act (Selection of Fines);

B. Defendant B:

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