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(영문) 전주지방법원 2014.03.28 2014노77
의료법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 18 shall be confiscated.

Reasons

1. The lower court’s punishment (one year and six months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. As stated in the judgment of the court below, considering the fact that the crime of this case is not good for the nature of the crime, and the attitude of the defendant after the crime is committed is not good, it is necessary to strictly punish the defendant.

However, in full view of the following factors: (a) the Defendant recognized all of the crimes in the trial at the court; (b) the Defendant has no record of having been sentenced to the same criminal record or imprisonment without prison labor; and (c) the Defendant’s age, character and conduct, environment, family relationship, etc.; and (d) all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, family relationship, etc., the lower court’

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Punishment of the crime

The summary of the evidence and the criminal facts recognized by this court is "1. The defendant's partial statement" in the summary of the evidence as "1. The defendant's statement in this court" and "1.Y, Z, S, AA, T, AB, AC, AD, U, and V, each of the police statements in relation to "1. The police statements in relation to S, T, U, and V" are modified as "each of the police statements in relation to S, T, U, and V", and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369

Application of Statutes

1. Relevant provisions of relevant Acts on criminal facts, Articles 87 (1) 2, 33 (2) of the Medical Service Act (a person who is not a doctor, etc. and establishes a medical institution in the name of Cmedical Life Cooperatives), Articles 87 (1) 2 and 33 (2) of the Medical Service Act, Article 30 of the Criminal Act (a person who is not a doctor, etc. and is established in the name of K Medical Life Collaboration and PMedical Life Collaboration) of the same Act, and choice of imprisonment, respectively;

1. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Code are the best among concurrent crimes.

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