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(영문) 수원지방법원 2013.04.25 2013노65

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment, two years of suspended execution, one million won of fine, and one million won) is too unreasonable.

2. The judgment of the court below is divided into the first offender, and the period of the crime is not long, and the frequency of the crime is not much high. However, the crime of this case is committed for profit by receiving the stolen cash and tobacco from the Juvenile Reformatory for the purpose of profit-making, and it is not appropriate to commit the crime. The crime of this case is punishable by imprisonment with prison labor for life or for a limited term of not less than 2 years and necessary fines concurrently. The sentence of this case is the lowest sentence prescribed by the above statutory punishment, including that the sentence of imprisonment with prison labor is the imprisonment with prison labor for life or for a limited term of not less than 2 years. In full view of the circumstances after the crime of this case, the defendant's age, character, environment, etc., the sentence of the court below is too unreasonable.

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