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(영문) 서울중앙지방법원 2016.03.31 2015노4710

의료법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: the observation of the two-year probation of the suspended sentence of October, and the community service order for 240 hours, Defendant B: the probation of the suspended sentence of eight months, the observation of the two-year probation of the suspended sentence of imprisonment, and the community service order for 240 hours) are too unreasonable.

2. The crime of this case, which was committed by the Defendants, was committed by the Defendants only by massagemen, and the establishment of a massage place is not short of the period of the crime, and its business size is so heavy.

Defendant

A has the record of criminal punishment for a violation of the Medical Service Act in relation to the establishment of a place of massage practice, and Defendant B had the record of criminal punishment for committing the crime of operating a sexual traffic establishment at the same place as the place of the place of the massage practice before. However, Defendant B conspired with and committed the crime of this case without any reflectivity.

In addition, in full view of all the sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., even if considering favorable circumstances for the Defendants, such as the fact that the Defendants recognized the mistake and divided the Defendants, and the fact that the place of the massage procedure was reported for closure of business, the sentencing of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

The Defendants’ assertion is without merit.

3. The Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the Defendants’ appeal is without merit.

참조조문