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(영문) 서울남부지방법원 2013.11.21 2013노1487
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment (two years of suspended execution and one million won of fine for one year of imprisonment) imposed by the court below is too unreasonable.

Therefore, it is true that there are many circumstances to consider the defendant, such as the fact that the defendant recognizes all of the crimes of this case and repents his mistake, that there is no criminal power against the defendant, that there is no benefit acquired by the defendant due to the crime of this case.

However, in full view of the following circumstances: (a) an oriental medical act by a person, other than an oriental medical doctor, may have a significant adverse impact on the health of the persons receiving the medical treatment; (b) the nature of the crime is not less than that of the other persons; and (c) the court below determined the punishment in consideration of various circumstances favorable to the defendant; and (d) there are no special circumstances or changes in circumstances that may newly consider the sentencing after the sentence of the court below; and (e) other various circumstances, which form the conditions for the pleadings and the sentencing specified in the records of this case, including the defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, are considered, it is not recognized that the sentence imposed on

Therefore, the defendant and his defense counsel's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However) According to the records, since it is apparent that the court below's discretionary mitigation "Article 53 and Article 55 (1) 3 of the Criminal Act" was omitted from "Article 55 (1) 6 of the Criminal Act" in the application of the law of the court below, it is obvious that the discretionary mitigation column is corrected under Article 25 of the Regulation on Criminal Procedure by "Article 53, Article 55 (1) 3 and 6 of the Criminal Act" and ex officio correction is made).

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