보건범죄단속에관한특별조치법위반(부정의료업자)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the imprisonment of two years, the suspension of execution of three years, the fine of one million won, and the community service order of 100 hours) is too unhued and unreasonable.
2. It is recognized that the defendant again committed the instant crime even though he/she had the record of being punished as a same crime, and that the unauthorized medical practice needs to be punished for an act that is likely to cause serious harm to the lives and health of people.
However, in full view of the following factors: (a) the instant non-licensed medical practice was made once a set of dental services; (b) the Defendant applied for treatment with the knowledge that it is not a dentist; (c) the previous criminal conviction was punished in 1994; and (d) there was no record of criminal punishment thereafter; (d) the Defendant recognized all of the crimes and did not repeat again; and (e) other factors of sentencing as indicated in the instant records and theories, such as the Defendant’s age, sex, environment, background, means and consequence leading to the instant crime; and (e) the circumstances after the instant crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.