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(영문) 수원지방법원 2017.05.19 2016노7213
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (2 million won in penalty).

2. The lower court sentenced the Defendant to a fine of KRW 2 million, taking into account the circumstances favorable to the Defendant, the circumstances favorable to the Defendant, and the solid punishment of authority.

The judgment of the court below exceeded the reasonable bounds of discretion in full view of the fact that the defendant committed the instant crime for a period of four years nearest to that of the court, and the sentencing guidelines, etc.

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 in full view of the circumstances, age, sex, environment, etc. after the crime of this case, the sentence of the court below is proper and too unreasonable.

Therefore, the defendant's assertion is without merit.

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 is without merit.

However, the application of the statutes of the lower judgment to the second sentence is apparent that the “Medical Service Act” in the second sentence is a clerical error in the “Medical Service Act (amended by Act No. 14438, Dec. 20, 2016)” and thus, ex officio correction is made pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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