보건범죄단속에관한특별조치법위반(부정의료업자)
2013No279 Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers)
P. (P) & household business
Seoul Residence
Reference domicile
Defendant
Francing (prosecutions) and red (public trial)
Law Firm Samju
Attorney Lee Sang-hoon
Seoul Southern District Court Decision 2012Da4778 Decided January 30, 2013
May 2, 2013
The defendant's appeal is dismissed.
The summary of the grounds for appeal by the defendant is that the punishment of the court below (one year and six months of imprisonment and fine of seven million won, etc.) is too unreasonable.
In addition, the defendant changed his position to the identification card held by a domestic hospital on October 25, 1995 when providing assistance, such as the transfer of surgery patients' disease room, etc. at the domestic hospital in 2004 and carried the identification card which was created at the time of work as an assistant nurse in the U.S. and carried out as an assistant nurse in the U.S., actively misrepresenting the applicant for treatment, etc. with sexual appearance and doctor's license, such as actively expressing the surgery clothes and doctor's license, and actively misrepresenting the applicant for treatment, etc. with the qualification for sexual appearance and doctor's license, and the period of the defendant's non-licensed medical practice without license. < Amended by Presidential Decree No. 13582, Oct. 25, 1995>
6. From September 1, 201 to December 17, 2012, even if the Defendant’s practice was conducted for a considerable period of time, the possibility of causing side effects due to the characteristics of the medical practice cannot be ruled out in the event that side effects occur, and where side effects occur, it is not easy to cope with the instant case or recover from damage. In light of various sentencing conditions in the instant pleadings, such as the method of the instant crime, circumstances after the commission of the crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, occupation, etc., even if considering the circumstances favorable to the Defendant (such as the Defendant’s need to rear her her son and son and son, etc.), the lower court’s punishment is unlimited and unfair.
Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judge final of the presiding judge
Judges Cha fixed-term
Judges Yoon Jae-nam