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(영문) 부산지방법원 2019.07.25 2019노1250

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two years of imprisonment and fine of three million won, confiscation, and collection KRW 3.2 million) is too unreasonable.

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the fact that the nature of the crime was poor in light of the process and method of the crime, the records of punishment for the same kind of crime are twice, but they were engaged in multiple-free license practice; the period of crime is very long in the event of forgery and illegal use air defense; the mistake is divided and reflected; and the family environment is reflected.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons revealed in the oral proceedings, the lower court’s sentencing is too inappropriate and it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.