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(영문) 수원지방법원 2017.12.22 2017노6440
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The fact that there is no record of criminal punishment is favorable to the defendant.

On the other hand, it is unfavorable that the advertisement was made in the decision of the court below for a long period of up to three years.

The lower court sentenced a fine of KRW 5 million to the Defendant, taking into account the circumstances favorable to the Defendant, etc.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

However, in the second sentence, the application column of the statutes of the lower judgment is apparent that the term “Medical Service Act” in the second sentence is a clerical error in the “former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015 and enforced September 30, 2016)” and thus, ex officio correction is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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