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(영문) 수원지방법원 2018.09.07 2018노2682

의료법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The lower court sentenced a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In this Court, the sentencing judgment of the court below exceeded the reasonable limit of discretion when comprehensively considering the fact that the crime of this case was bad in nature and the punishment of the court below, which is a condition for sentencing, in particular, that the crime of this case was committed by preparing a false record of medical treatment for a considerable period of time by deceiving multiple patients with medical care wage and travel expenses.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

3. 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 for conclusion is without merit.