The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant shall be punished by a fine of five million won.

The defendant above.

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended execution for one year of imprisonment, and five million won of fine) is too unreasonable.

2. In full view of the judgment below, the defendant was the first offender, the defendant committed the crime of this case with the husband who died, and there are circumstances to consider the motive for the crime of this case, the defendant seems not likely to repeat the crime of this case, the defendant's living as a nurse, the defendant's children are suffering from mental illness such as the family's livelihood, the defendant's age, family relationship, economic situation, and all other matters concerning the sentencing as shown in the records and arguments of this case, the judgment of the court below is judged to be unfair, and the defendant's assertion is reasonable.

3. In conclusion, since the defendant's appeal is reasonable, the part of the judgment of the court below against the defendant under Article 364 (6) of the Criminal Procedure Act is reversed and it is decided again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the part of the defendant in the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5 subparagraph 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act, Article 87 (1) 2 of the Medical Service Act, and Article 33 (2) of the Act on Special Measures for the Prevention of Illegal Crimes (the occupation of medical practice without a license for profit-making, the choice of limited term, and the imposition of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation ( considered grounds for reversal);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. One year of imprisonment to be suspended;

1. Article 59(1) and (2) of the Criminal Act of the suspended sentence