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(영문) 부산지방법원 2016.09.30 2016노2044

의료법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (five million won penalty) of the court below is too unreasonable.

2. The judgment appears to be against the defendant's mistake, the fact that the defendant has no record of punishment for the same kind of crime, and that the defendant has no record of crime exceeding the fine is recognized as a favorable condition for the defendant.

However, in full view of the following factors: (a) the instant crime was committed by the Defendant without a license practice; (b) the nature of the offense was not somewhat weak; (c) the lower court appears to have determined the sentence in consideration of the favorable circumstances for the Defendant; (d) there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment; and (e) other various sentencing conditions that are shown in the records and arguments, such as the Defendant’s age, character and character environment

Therefore, the defendant's argument of sentencing is without merit.

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