의료법위반
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.
2. The lower court sentenced a fine of KRW 5 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
In full view of the following facts: (a) the instant advertisement was committed over a long period of time; (b) the Defendant had the record of being sentenced to the suspension of indictment for the same kind of crime in 2016; and (c) the Defendant’s confessioning of the instant crime in the court, even if considering that the judgment of the lower court exceeded the reasonable bounds of discretion’s discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.
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 for conclusion is without merit.
However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the term “Medical Service Act” in the column of the relevant Act concerning criminal facts in the application of the statutes of the lower judgment shall be corrected to “former Medical Service Act (amended by Act No. 15540, Mar. 27, 2018; Act No. 15540, Sept. 28, 2018).”