(영문) 대구지방법원 2019.01.18 2018노4518 | 리걸엔진

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(영문) 대구지방법원 2019.01.18 2018노4518

의료법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the Defendant, even though he had had been sentenced two times to punishment due to illegal medical acts in the past, did not and again committed the crime in this case. The crime in this case is very bad and side effects, such as farming, etc., have occurred to C due to the crime in this case, etc., are disadvantageous to the Defendant.

However, in full view of the following facts: (a) the fact that the defendant both recognized the crime; (b) the defendant consented to the illegal procedure; and (c) the defendant seems to have been responsible for causing side effects; (b) the defendant reached an agreement with C at the trial; and (c) the defendant's age, character and conduct, environment, motive and background of the crime; (b) the means and consequence of the crime; and (c) the sentencing conditions as shown in the records and arguments, such as the circumstances after the crime, are too unreasonable

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87 (1) 2 of the Medical Service Act and Article 27 (1) of the same Act and Article 27 (1) of the same Act concerning criminal facts and the selection of imprisonment;

1. As seen in the determination of the reasons for sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as per Disposition for the same reason.

참조조문

유사 판례

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