보건범죄단속에관한특별조치법위반(부정의료업자)
The defendant's appeal is dismissed.
The defendant asserts that, on the grounds of the appeal of this case, the punishment of the court below against the defendant (two years of imprisonment, three years of suspended execution, three years of fine, 7,00,000 won, probation, social service, 240 hours) is too unreasonable.
In this regard, the circumstances of the defendant's first offender, the defendant's second offender, and the family members to support are recognized.
However, although the defendant is not a doctor, the period of medical practice is longer than 6 years, the number of medical practice is more than 6 years, and the prescription is treated, and the risk is high.
In light of the background and method of the instant crime, the period and scale of the crime, the degree of danger and injury to public health, motive for the crime, records of punishment, the age, character and conduct, career, home environment, etc. of the Defendant, and all other circumstances, which form the conditions for the sentencing as shown in the oral argument in the party trial, do not change compared to the original judgment. In full view of all the above circumstances, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.