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(영문) 제주지방법원 2015.09.03 2015노381

의료법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In view of the fact that the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had been

However, even if the defendant's crime of this case cannot be ruled out at all the risk of causing harm to public health, since it is merely an act attached to the patient's body, it is not judged that the risk is very serious. The defendant's whole crime of this case is recognized when the defendant was in a trial, and the defendant paid 30 million won between He and the deceased F's husband, and prepared a written agreement, thereby breaking his mistake, it is judged that the defendant's age, environment, motive, means and consequence of the crime of this case, and all kinds of sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, it is unfair that the court below's sentence of imprisonment with prison labor for one year is somewhat unreasonable.

3. In 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 with merit.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on Criminal Facts and the Selection of Punishment: Article 87 (1) 2 of the Medical Service Act and Article 27 (1) of the same Act;

1. Suspension of execution;