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(영문) 인천지방법원 2013.11.08 2013노2307

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two years of suspended sentence for one year of imprisonment, two million won of fine, probation, and community service order) is too uneasible.

2. In full view of the circumstances that are favorable to the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and other circumstances that form the conditions for the instant sentencing as indicated in the records, such as the following: (a) a person, who is not an intention of determination, may inflict damage on the life and body of a person; (b) a defendant attempted to conceal evidence after committing a crime; (c) a person committed a crime during the suspension of execution period; (d) a criminal act; and (e) the nature of the crime is not heavy in view of the amount of profit; (e) a criminal defendant led to the confession and reflect of the crime; (e) a criminal defendant does not have any criminal record; and (e) a social relationship is clear and his detention is entailing excessive difficulty to his family members; and (e) the court below’s punishment imposed on the Defendant is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.