보건범죄단속에관한특별조치법위반(부정의료업자)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for two years and fine for 2,00,000 won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Defendant (1) misunderstanding the fact that the Defendant: (a) instead of injecting a victim’s actual container for industrial use; (b) instead of injecting the victim with a liquid mixed with local PCs; and (c) the Defendant received money from the Defendant, which did not engage in medical practice for profit-making purposes, the lower court found the Defendant to have committed a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Business Operator) by misunderstanding the fact that the Defendant did not engage in medical practice for profit-making purposes; and (b) although the Defendant’s medical practice and the victim’s injury cannot be recognized, the lower court found the Defendant to have committed a crime resulting
(2) The sentence of the lower court (2 years of imprisonment and 2 million won of fine) which is unfair in sentencing is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, prior to the judgment on the ex officio, the Prosecutor changed the part of the instant facts charged to “the amount of an industrial actual container containing an organic actual container compound called polydimethyl (Polydethyryslee)” in Article 1 of the instant facts charged to “the amount of an industrial actual container containing a organic actual compound called “the amount presumed to be an industrial actual container, the principal ingredient of which is the Plux.” In Article 2 of the instant facts charged, “In cases of injection in the organization, or in cases of injection in the body of the victim, as well as in cases of injection in the body of the body of the victim,” and this Court changed the part of the instant facts charged, which was subject to the judgment by this Court. Therefore, the judgment below was no longer maintained.
However, the defendant's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal of authority.
B. First of all the determination of the assertion of mistake of facts, the victim’s face is expressed as follows: (a) injecting liquid mixed with the PC, a local decomposition substance, into which the body was injected.