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(영문) 춘천지방법원 강릉지원 2014.12.02 2014노463
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, one million won of fine, one million won of confiscation) is too unreasonable.

2. The fact that the judgment defendant led to the confession and reflect of the crime, the aged and the health status are not good, etc. are favorable to the defendant.

However, even though the defendant had already been sentenced to the suspension of the execution of imprisonment for the same crime two times, and again commits the crime of this case. The crime of this case is committed by the defendant with no license medical practice over 12 times for profit-making purposes even though the defendant is not a dentist, and such act of non-license medical practice is likely to cause serious harm to the lives and health of people. The victim who was administered by the defendant has actually side effects, which is disadvantageous to the defendant, so that the crime of this case is not less complicated.

In addition to the aforementioned various circumstances, the lower court, along with the fact that the lower court sentenced the lowest sentence of statutory punishment against the Defendant by reducing the amount of punishment, and comprehensively taking account of the Defendant’s age, character and conduct, the motive and conduct of the instant crime, the means and consequence of the instant crime, etc., as well as the circumstances after the crime, cannot be deemed as being too unreasonable for the lower court’s punishment.

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

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