보건범죄단속에관한특별조치법위반(부정의료업자)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.
The above fine shall be imposed on the defendant.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a year of imprisonment, a fine of 2,00,000 won, and confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by both ex officio determination, the prosecutor examined ex officio the facts charged of this case.
The phrase “from June 5, 2012,” which reads “from January 5, 2013,” and “from July 2009 to July 2013,” respectively, the phrase “from January 5, 2013,” which reads “from July 2009,” and the phrase “from July 2013,” the court applied for the permission of changes in the subject matter of adjudication. As such, the part on the facts charged in this part, which is based on the initial indictment, cannot be exempted from reversal. Since the facts charged and the remainder of the facts charged against the Defendant, are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the entire judgment of the court below was no longer maintained.
3. If so, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Discied Judgment] Criminal facts and summary of evidence against the defendant recognized by the court, and summary of evidence, the crime No. 1-B of the judgment below.
With the exception of correcting “from June 5, 2012” as “from January 5, 2013,” and “209” as “from July 2009 to July 2013” in paragraph (2), it is identical to each corresponding column of the lower judgment. Therefore, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5 subparag. 1 of the Act on Special Measures for the Control of Public Health Crimes, including the corresponding laws and punishment for facts constituting a crime, Article 27 of the Medical Service Act (the occupation of medical practice without business license, the choice of limited imprisonment, and the concurrent imposition of fines), Article 89 of the Medical Service Act;