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(영문) 창원지방법원 2016.11.09 2016노2222
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence (one million won per fine) declared by the court below on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is a favorable circumstance such as the defendants' recognition of their criminal acts and the fact that there is no criminal record exceeding the same criminal record or fine, the defendant Eul is an initial criminal without any criminal record, and the defendant Eul performed free of charge under the consent of E. However, in light of the legislative purport of the Medical Service Act prohibiting the act of a literacy procedure, the defendants' criminal liability cannot be deemed to be less severe. The defendants' side effects on the part of the E procedure occur due to the defendants' criminal acts, and other factors of sentencing indicated in the records and arguments of this case, such as the defendants' age, character, environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed that the judgment of the court below exceeded the reasonable limit of discretion or it is unfair to maintain them as it is.

Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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