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(영문) 대구지방법원 2017.12.22 2017노4026
의료법위반등
Text

The judgment of the court below is reversed.

Defendant

A For a violation of the Medical Service Act as stated in the judgment of the court below, Defendant .

Reasons

1. The summary of the grounds for appeal is too unreasonable in the lower court’s respective punishment (Defendant A: imprisonment of three years and fine of one million won, penalty of 1,673,00,438 won, penalty of 1,673,00,438 won, and Defendant B: Imprisonment of two years, penalty of 547,010,860 won).

2. The judgment of this case is that the Defendants, in collusion with accomplices, did not constitute a massage club recognized by the competent authority for a four-year period of time, established and operated a massage clinic, or received access media to receive profits generated in the process, and the Defendants A led to the crime of violating the Medical Service Act. Defendant B participated in the crime in the process of performing human resources management duties, etc., and the degree of participation in the crime is that Defendant B took part in the crime is somewhat weak.

The fact that Defendant A cannot be said to have been established, and the place of massage procedure reaches 19, among which, up to 16, the place of massage procedure that Defendant A participated in the establishment of the place of massage procedure is up to 16,000 won; Defendant A’s profits from the operation of the place of massage procedure as above; Defendant B’s profits up to the total of 5,40,000 won; Defendant B’s profits up to the total of 5,000,000 won; Defendant A’s illegal massage procedure had the records of having been punished for the same kind of crime several times; Defendant A had been punished for the same crime on January 14, 2015; in particular, Defendant A had been sentenced to a suspended sentence of two years for imprisonment for the same kind of crime from the Daegu District Court Kimcheon-cheon branch for the same crime on January 22, 2015 and continued to commit the instant violation of the Medical Service Act even though it had been for the period of suspended execution after the judgment became final.

However, the Defendants made a confession of each of the crimes in this case against the wrongness (Defendant B led to the conviction of the violation of the Medical Service Act), Defendant B did not have any record of the same crime and did not have any criminal record exceeding the fine, and the Defendants all share in the place of the massage procedure in this case.

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