보건범죄단속에관한특별조치법위반(부정의료업자)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment with prison labor for a year and two months and by a fine of seven million won.
The above fine shall be imposed on the defendant.
1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable. It is unfair that the court below's punishment (a year and six months of imprisonment and a fine of seven million won, confiscation) is too unreasonable.
2. The instant crime is a case in which the Defendant, who was not a medical personnel, performed medical practice on a business basis, and thus, requires strict punishment as an offense that may seriously harm the lives and health of the people and undermine the effectiveness of the medical license system of the State. In light of the period and frequency of the instant crime, and the amount of benefits arising from the said crime, etc., the fact that the said crime is not committed is disadvantageous to the Defendant.
However, the lower court's sentence against the Defendant is somewhat unreasonable, taking into account the following factors: (a) the Defendant led to the instant crime; (b) the Defendant’s confession of the instant crime; and (c) the Defendant did not repeat the instant crime by mutual agreement with H Department, D, V, F, T, etc., who is a person subject to the instant criminal procedure at the trial; (d) the Defendant’s primary offender with no criminal history; and (e) the Defendant’s prison and his family members have clear social ties, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s conditions before and after the instant crime; and (e) the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee. Thus, the Defendant’s assertion is reasonable.
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.
【Grounds for another judgment】 The facts constituting an offense against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;