보건범죄단속에관한특별조치법위반(부정의료업자)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.
The above fine shall be imposed on the defendant.
1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment, a fine of ten million won) is too unreasonable.
2. The judgment of the court below is the first offender, the defendant committed the crime of this case under the direction of the employer D, the others did not make any other profit except the salary, the side effects of the defendant's practice do not seem to have been shown. The defendant's argument is with merit, in full view of all matters concerning the defendant's occupation, age, family relationship, and the sentencing specified in the records and arguments of this case, including the defendant's occupation, family relation, and all other matters, such as the defendant's living in custody for about nine months.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act, and Article 30 of the Criminal Act concerning the crime;
1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation ( considered grounds for reversal);
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;
1. Social service order under Article 62-2 of the Criminal Act;