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(영문) 서울서부지방법원 2015.12.10 2015노16
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two million won of fine) is too heavy.

2. Determination is an element of sentencing favorable to the defendant that the defendant recognized all of his own crimes, has no record of being punished for the same kind of crime, and that the defendant does not commit any more unlawful act by closing the massage place that was operated after the detection of this case.

However, the instant crime was committed by the Defendant from March 2, 2010 to April 2, 2014, with six simple beds installed and operated in a place of massage without qualification. In light of the period and scale, it is an element of sentencing unfavorable to the Defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and environment, it cannot be said that the sentence of the court below is too unreasonable.

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

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