보건범죄단속에관한특별조치법위반(부정의료업자)
The defendant's appeal is dismissed.
1. The lower court’s sentence (two years of imprisonment and a fine of five million won, confiscation) on the summary of the grounds for appeal is too unreasonable.
2. The following facts are favorable to the Defendant.
The Defendant recognized and reflected the instant crime.
The defendant is aged.
There were cases where patients actively request the defendant to provide medical treatment in advance.
The Defendant discontinued the business of the instant herb bank.
The defendant has actively endeavored to recover the patient's damage in the trial.
The patients who have received the treatment from the defendant wanted to take the defendant's wife.
On the other hand, the following is disadvantageous.
Considering the legislative purport of the Medical Service Act, which aims at protecting and improving the health of the people, the crime of this case is not weak.
Unlicensed oriental medical practice is highly likely to cause serious damage to the lives and health of people, and some patients actually stated that the symptoms have deteriorated due to the defendant's medical practice.
Although the defendant has been punished for the same crime, he committed the crime of this case.
The period of the instant crime is long-term, and the Defendant seems to have received a licenseless medical practice.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument of sentencing is without merit.
3. 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.