보건범죄단속에관한특별조치법위반(부정의료업자)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (limited to one year and six months of imprisonment and fine of five million won, confiscation) is too unreasonable.
2. In light of the fact that: (a) the judgment of the court below may cause serious harm to the health and safety of the patient; (b) the risk of such serious crime is high; and (c) the defendant was sentenced to a suspended sentence in 2008 due to the same crime; and (d) the defendant again committed the instant crime during the repeated crime period after being released from prison in 2011, even though he was sentenced to a suspended sentence in 201; (b) the defendant’s motive for committing the instant crime for maintaining livelihood is considered appropriate; and (c) it cannot be said that the defendant’s punishment is too unreasonable
3. Therefore, 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.