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(영문) 서울고등법원 2013.10.10 2013노2569

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended execution and fine of 700,000 won for one year of imprisonment) is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all of the crimes of this case, and his mistake is pened in depth, and that the Defendant did not have the same criminal record, are recognized.

However, the crime of this case was committed for profit-making purposes even though the defendant is not a medical person. The crime of this case was conducted for the purpose of providing medical services and advertising medical services. It is considerably poor in light of the method and content of the crime. Considering the risk and side effects of health and hygiene that may be caused by the act, it is necessary to impose severe punishment. The defendant was not seriously reflected on August 5, 201 when he was sentenced to a suspended sentence of one year for the crime of indecent act in the Busan District Court's Dong Branch branch branch branch branch branch, but he was committed against each of the crimes of this case during the suspended sentence period, and other factors such as the defendant's age, character and behavior, environment, motive and method of the crime, method and method of the crime, etc., and the sentencing period of the sentence of imprisonment with prison labor in the part of the defendant among the sentencing guidelines imposed by the court below. ① The scope of punishment without prison labor in violation of the Act on Special Measures for the Control of Public Health and Health Crimes (unlawful medical Business Operators) is the final sentencing guidelines or the scope of imprisonment range of one year.

In full view of internal points, it is recognized that the sentence imposed by the court below is too unreasonable because it is too unreasonable.