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(영문) 서울남부지방법원 2016.07.01 2016노490

의료법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment) is unreasonable as it is excessively unreasonable.

2. According to the records, it is recognized that ① the defendant recognized the crime of this case; ② the charge of violating the Medical Service Act of this case needs to consider equity in the case of the judgment of the court at the same time with the charge of causing the forgery of the charge of causing the crime of causing the crime of causing the crime of causing the crime of this case; and it is recognized that the complainant of the case No. 2016 senior group 185 submitted the written application to seek the Defendant’

② However, even though the Defendant was sentenced to one year and six months of imprisonment, three years of suspended execution, and fine of two million won due to a violation of the Act on Special Measures for the Control of Public Health Crimes in 2007 (Unlawful Medical Business Operator), part of the instant crime was committed during the period of suspended execution, and continued several years thereafter (in view of the Defendant stated in an investigative agency that “the principle that he would have received cash in order to keep data from the investigative agency,” there is much room for the Defendant’s actual unauthorized medical practice to be much more than the charges in this case). On December 15, 2015, a large amount of medical supplies necessary for the Defendant’s unauthorized Stockholm procedure, such as injection, was seized on the Defendant’s vehicle, and the Defendant assumes it as if he were the intention of some persons subject to the instant crime. Therefore, it is necessary to punish the Defendant on the grounds that there is a risk that the act without a license, such as the instant crime, might affect the health and safety of the people, and the circumstances surrounding the instant crime and the circumstances leading up to the sentencing.

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.

참조조문