logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2019.05.09 2018고단2442
의료법위반
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 3,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in Busan Northern-gu B with a trade name.

1. No person, other than a massager, shall open a massage practice establishment or massage parlor;

Nevertheless, the Defendant did not obtain the recognition of a massage, and opened and operated a massage place by allowing employees, such as D and E, to engage in massage activities on a scale of about 50 square meters from July 21, 2017 to October 11, 2018 by having the said marina place equipped with facilities such as a simplified bed, ten rooms, etc., and having them engage in massage activities.

2. The Defendant established a massage place in the above manner, and employed employees, such as D and E, who did not obtain the recognition of a massage operator.

Around October 22, 2018, the Defendant:59 on October 22, 2018, the Defendant: (a) caused the F and his non-qualified customers, who found the said business establishment, to engage in an unqualified massage for profit-making purposes, by taking the part of the fright, such as wood, arms, shoulder, and selbows, in the form of fingers, arms, etc., for about one hour; and (b) received KRW 25,00 from the said customer, and received KRW 25,00 from January 26, 2018 to October 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports (violation of the Medical Service Act), field photographs, written statements, and reports;

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act (the establishment of a place of massage practice and a place of imprisonment with labor), Articles 91, 88, and 82 (1) of the Medical Service Act for criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act suspended execution (the point that the defendant discontinueds his/her business in profound reflects on his/her fault, and taking into account the age, health condition, etc. of

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

arrow