보건범죄단속에관한특별조치법위반(부정의료업자)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.
The above fine shall be imposed on the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, a fine of five million won, etc.) is too unreasonable.
2. The crime of this case is considered to be disadvantageous to the defendant, in light of the following: (a) the defendant assumes the qualification as a herb doctor and engages in an unlicensed oriental medical treatment for business purposes; (b) has committed similar rape by taking advantage of the fact that it is bad to the quality of the crime; (c) the victim was unable to actively cope with the defendant’s act; (d) has committed similar rape even after the victim explicitly expresses his/her intention of refusal; (b) the victim continued to engage in similar rape; (c) the victim is deemed to have suffered a considerable sexual humiliation and mental impulse; and (d) the victim was deemed to have suffered a considerable injury to the health condition due to an unlicensed oriental medical treatment without the license of the defendant.
On the other hand, from the court of the court below, the defendant recognized the crime of violation of the Act on Special Measures for the Control of Public Health Crimes from the court of the court below, and recognized the crime of similar rape in this court in this court, the defendant's considerable amount of money and agreed with the victim of similar rape, that the victim does not want the punishment of the defendant, his family member, the branch person, etc. want the defendant's wife, that the defendant has no type of criminal record or other criminal record similar to this case, except for a long period of fine, and that the defendant has been detained for four months through pre-trial detention.
In addition to these circumstances, considering the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, various sentencing factors as shown in the instant records and arguments, such as the circumstances after the crime was committed, the sentence of the lower court seems to be somewhat unreasonable.