Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
seizure.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (one year and six months) of the original judgment is too unreasonable.
2. In full view of all the facts pertaining to the Defendant’s confessions and reflects that the Defendant committed a crime in the first instance trial; the Defendant’s period of running a hospital remains one year; the treatment act appears to have been most performed by dentists employed by the Defendant; the amount of wages not paid by the Defendant (40.1 million won) and the Defendant’s age, occupation, and other matters pertaining to the sentencing as indicated in the records and arguments of the instant case, the Defendant’s argument is reasonable and unreasonable.
3. Accordingly, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is rendered after pleadings.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act; Article 347(1) of the Criminal Act; Article 87(1)2; the main sentence of Article 27(1) of the Medical Service Act; Articles 87(1)2 and 33(2) of the Medical Service Act; Article 30 of the Criminal Act; Articles 109(1) and 36 of the Labor Standards Act; Articles 109(1) and 36 of the same Act; Articles 87(1)2 and 27(1) of the same Act; Articles 87(1)2 and 33(2) of
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;