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(영문) 인천지방법원 2015.11.06 2015노1704
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Of the judgment of the court of first instance, each of the crimes in the first, second, and second, all of the judgment of the court of first instance on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (the first judgment: the first judgment; the second judgment); the punishment of imprisonment with prison labor for each of the crimes listed in the judgment of the court of first instance; 2 million won; 2-A; 2-A; and 2-B; and the second judgment: imprisonment with prison labor for each of the crimes listed in the judgment of the court of first instance; 6-month) is too unreasonable.

B. The first instance judgment against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We examine ex officio the above judgment of the court below. The prosecutor filed each appeal against the judgment of the court of first instance against each of the above judgment of the court of first instance and the court of second instance decided to concurrently examine the above appeal cases. The crime of each of the crimes of first and second crimes in the judgment of the court of first instance against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and one of the crimes in the judgment of the court of second instance is one of the concurrent crimes under Article 38(1) of the Criminal Act. Thus, the above part of the judgment of the court of first and second judgment against the defendant cannot be maintained any more.

3. Determination of unfair sentencing by both parties (as to Article 2-A and 2-B of the judgment of the first instance court) on the assertion of unfair sentencing (as to the part on the crime of this case), the defendant appears to have committed the crime of this case while the final judgment of the first instance court is in progress. However, the above final judgment is that the defendant traded marijuana eight times and smoked marijuana ten times, and even if the judgment was rendered simultaneously with the crime of this case which became final and conclusive, it does not seem that the punishment was no longer reasonable. In full view of all other circumstances, including the defendant's character and behavior, environment, and motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the records, the sentence against

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

4. Conclusion.

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