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(영문) 서울중앙지방법원 2018.03.29 2017고단8402
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

A massageman shall obtain the recognition of qualification from the Mayor/Do governor, who has completed the curriculum or training course prescribed by the Medical Service Act from among the visual persons with disabilities under the Welfare of Persons with Disabilities Act, and shall not establish a massage place or massage place unless he/she is a massage doctor.

On August 29, 2017, the Defendant, without obtaining recognition of his qualification, operated a massage place with the trade name of “C”, 8 massage rooms, shower rooms, employee waiting rooms, etc. on the second floor of the Gangnam-gu Seoul Metropolitan Government building B, and operated a massage place. The Defendant, who hired Ma, E, and F as an employee, employed the customers who find the place as his/her hands and caused them to engage in the massage treatment with the amount of 60,00 won of the massage charge by releasing the her flab on his/her hand, and by allowing them to do the massage treatment with the method of releasing the flab, fla, etc. on the flab, of which he/she is not a massage doctor.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, E, D, G, H, and I;

1. Application of statutes on field photographs;

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

1. The Defendant, with the reason for the suspended sentence under Article 62(1) of the Criminal Act, was once the same kind of fine, once again committed the instant crime, shall be selected by taking into account the following circumstances: (a) the Defendant is against the Defendant; (b) the Defendant has no other record of punishment; and (c) the Defendant’s age, sex, criminal conduct, environment; and (d) the background and consequence of the instant crime; and (b) the circumstances after the commission of the instant crime, etc., shall be determined

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