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(영문) 춘천지방법원 2014.07.09 2014노288
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the defendant recognized his mistake and speaks against the judgment, that the damage to the crime of fraud was entirely recovered, such circumstances appear to have been considered in all at the court below, and there was no change of circumstances at the court below. Meanwhile, considering the legislative intent of the Medical Service Act aimed at protecting and promoting the health of the people based on the appropriateness of medical care, the crime in this case is not less complicated. On February 22, 2011, the defendant was sentenced by the court of the court of the original instance on March 3, 2011 to imprisonment with prison labor for 6 months for the crime of aiding and abetting the violation of the Act on Special Measures for the Control of Public Health Crimes, which became final and conclusive on March 3, 2011, and some of the crimes in this case were committed during the suspension period, and taking into account the motive and circumstance leading up to the crime in this case, the age and character of the defendant after the crime, and various records such as records, the above assertion by the court below is too unreasonable.

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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