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(영문) 울산지방법원 2014.02.19 2013노1075
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (one year of imprisonment and two million won of fine, three years of suspended execution, etc.) is too unreasonable.

2. Although the period of the instant crime is not long and the amount of profit is not high, the F who received medical treatment from the Defendant wants to take the Defendant’s preference against the Defendant, and the Defendant reflects his fault, the Defendant again commits the instant crime even though he had been punished twice due to the violation of the Act on Special Measures for the Control of Public Health Crimes, etc., the Defendant committed the instant crime. The imprisonment imposed by the lower court is the lowest amount of the recommended punishment on the sentencing guidelines for public health crimes (an illegal medical act, type 2, type 2, mitigated area), and all other sentencing conditions, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., comprehensively considering the following factors, the Defendant’s argument is without merit.

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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