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(영문) 서울북부지방법원 2015.04.23 2014노1699
의료법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (a fine of one million won and confiscation) imposed by the court below on the defendant is too unreasonable.

2. Although the Defendant was sentenced to a fine for the same kind of crime in 2012, the Defendant was able to have been sentenced to a fine for the same crime. However, the Defendant was found to have committed a crime of this case for the purpose of profit-making, and the Defendant was deemed to have committed a crime of this case. In light of the motive and background leading up to the instant crime, circumstances leading up to the instant crime, Defendant’s age, character and conduct, environment, occupation, and family relationship, and the Defendant’s punishment, which was sentenced by the lower court, is somewhat unreasonable, taking into account the following circumstances: (a) the Defendant’s motive and background leading up to the instant crime; (b) the Defendant’s age, character and conduct, occupation, occupation, and family relationship

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: 1. The summary of the judgment of the court below is the same as the description of each corresponding column of the judgment of the court below in addition to adding "the defendant's oral statement" to "the summary of evidence" column of the judgment of the court below. Thus, it is cited in accordance with Article

Application of Statutes

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) and 27 (1) of the same Act concerning criminal facts, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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