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(영문) 서울중앙지방법원 2014.08.14 2014노1849
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (one million won of a fine) declared by the court below is too unreasonable in light of the gist of the grounds for appeal.

2. It is recognized that the Defendant’s confession and reflects all of the instant crimes, the Defendant has no record of criminal punishment, and the Defendant’s economic situation is difficult.

However, the lower court appears to have determined the sentence in full consideration of the aforementioned various circumstances, and the circumstance that could change the sentence of the lower court in favor of the Defendant was not presented at the appellate court, and considering the sentencing in similar cases, as well as other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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