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(영문) 청주지방법원 2013.09.12 2013노485

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and one million won of fine) is too unreasonable;

2. The judgment of the court below is a favorable condition to the defendant, such as the fact that the defendant recognized the crime of this case and reflects it, and that the defendant is the first offender. However, in addition to the unfavorable condition against the defendant such as the fact that the period of the crime of this case is not shorter than the period of the crime of this case, there is no change of circumstances that the court below sentenced the lowest punishment within the range of the punishment that has been mitigated only once, and considering the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime of this case, etc., the court below's punishment is judged to be appropriate, and it is not recognized that the defendant's argument is unreasonable because it is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, under Article 25 of the Regulation on Criminal Procedure, the application of the reasoning of the judgment below

1. Change of the discretionary mitigation column to “Article 55(1)3” to “Article 55(1)3 and 6” and change to “Article 55(1)3 and 6.”

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