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(영문) 서울동부지방법원 2013.08.30 2013노612

의료법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (the fine of KRW 3,00,000, the fine of KRW 500,000, the fine of KRW 500) declared by the court below against the Defendants is too unreasonable.

2. The Defendants are fully aware of the facts of crime; the Defendants and some employees received certain education or qualification regarding marina activities through private organizations; Defendant A did not operate marina business establishment by submitting a report on closure of business on April 3, 2013; Defendant B was employed as an employee in the business establishment operated by Defendant A; however, there are favorable circumstances in favor of the Defendants, such as the size of marina business establishment operated by Defendant A; Defendant A operated the marina business establishment from October 208 to run the business establishment of this case; Defendant A had already been subject to criminal punishment of two times or fines (a fine of KRW 1 million, a fine of KRW 2 million, and a fine of KRW 2 million) for the same facts of crime in this case; Defendant A had already been subject to criminal punishment of the Defendants on the same age as the instant case; Defendant A had already been sentenced to a fine of KRW 100,000,000,000 before and after the crime committed on August 27, 2010; Defendant A had no further been subject to criminal punishment for the same type of punishment as Defendant 20.

3. Conclusion.