보건범죄단속에관한특별조치법위반(부정의료업자)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment with prison labor of one year and two months and by a fine of one million won.
The above fine shall be imposed on the defendant.
1. The sentencing of the lower court (one year and six months of imprisonment and a fine of one million won) is too unreasonable in light of the gist of the grounds for appeal.
2. The Defendant committed the instant non-licensed medical practice from January 22, 2010, in light of the fact that: (a) on January 20, 2010, the court was sentenced to a suspended sentence of two years, and a fine of 500,000 won for one year to one year; and (b) during the suspended sentence period, the Defendant committed the instant non-licensed medical practice from the date of the said judgment to January 22, 2010, which was subsequent to the said judgment, for more than ten months.
However, it seems that there was no injury, such as side effects, etc. due to the Defendant’s non-licensed medical practice. Of the instant crime, the sentencing of the lower court is found to be unfair by taking account of the following: (a) the Defendant deposited KRW 3 million in the lower court as compensation for damages for the damages suffered by the victim F due to the instant traffic accident; and (b) the Defendant expressed his intent not to be punished by mutual consent with the said victim; (c) the Defendant reflects his mistake while committing the instant crime; (d) the Defendant appears to have committed the instant crime; and (e) the Defendant appears to have caused the instant crime for his livelihood; and (e) all other factors of sentencing against
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the evidence is as shown in the judgment below.
Application of Statutes
1. Article 5 of the former Act on Special Measures for the Control of Public Health Crimes (amended by Act No. 10579, Apr. 12, 2011); the main sentence of Article 27(1) of the Medical Service Act (hereinafter referred to as “non-licensed medical practice”); Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; and the Criminal Act.