보건범죄단속에관한특별조치법위반(부정의료업자)
The prosecutor's appeal is dismissed.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment, two years of suspended execution, and three million won of fine) is deemed to be too unhued and unreasonable.
2. Although it is not good in that the act of improper medical treatment may cause serious harm to the health and safety of the people, it is difficult to view that the sentence of the court below is too inappropriate in light of all the sentencing conditions, including the following: (a) the defendant is led to a crime committed in the course of the trial; (b) the defendant has no record of being punished for the same crime; (c) the period of the crime is shorter; and (d) the patient who received the medical treatment of the defendant does not seem to have actually suffered any damage from the patient who received the treatment of the defendant; and (b) the defendant's age
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
However, pursuant to Article 25(1) of the Rules on Criminal Procedure, if the court below added "Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation" to "Article 55(1)6 of the Criminal Act, which clearly states that it has been omitted by mistake," among the application of the law of the court below
.