logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.09.09 2016노1175
의료법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor, three years of suspended execution, and observation of protection) is too uneased and unreasonable.

2. Although the establishment of a medical institution by a person, other than a medical personnel, is a crime that may have a serious impact on the body and health of the people, there is a need for strict punishment corresponding thereto, and the Defendant had the record of criminal punishment twice prior to the instant crime of violation of the Medical Service Act, etc. However, in full view of the following factors: (a) the Defendant recognized his/her mistake and reflects on the Defendant; (b) the Defendant has no record of criminal punishment beyond the fine; and (c) the Defendant’s age, sex, sex, environment, motive, background, means and consequence of the crime; (d) the scale, operating period of the medical institution; (e) the degree of the amount of money involved in the crime; (g) the degree of participation in the crime; (e) equity in punishment among accomplices; and (g) the circumstances after the crime, all of the sentencing factors

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

arrow