보건범죄단속에관한특별조치법위반(부정의료업자)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of four million won) of the lower court is too unreasonable.
2. The non-licensed medical business, such as the instant case, is very hot in that it causes a serious hazard to public health.
The defendant's period of crime is long time and the number of crimes is not specified.
Defendant committed the instant crime again despite having been punished twice or more for the same crime.
A person who has experienced side effects due to the defendant's practice was found to have occurred.
Therefore, the sentence of sentence on the defendant is inevitable.
However, the Defendant recognized all of the crimes of this case and runs a profoundly against the Defendant.
The consolation money was paid to C who suffered the damage in the past.
The defendant shall provide support for children suffering from her freeboard disease.
In full view of the above circumstances, the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is somewhat heavy.
Therefore, the defendant's argument is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment and Fines);
1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;
1. The scope of applicable sentences for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the confinement in a workhouse: Imprisonment with prison labor for not less than one year but not more than 15 years and a fine not less than 500,000 won and not more than five million won;