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(영문) 의정부지방법원 2016.07.19 2016노180
의료법위반
Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts and misapprehension of the legal principles, committed an act of gathering money as stated in the facts in the judgment below, on the basis that he was employed at the time when he was able to receive 50,000 won per day after running Myeon and cleaning to D business establishments, and did not receive money as stated in the judgment below.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, namely, ① F, the main owner of D business, had the head of the D business employ the defendant as a marina branch, let the customer take a house, and in return, received KRW 100,000 won from the customer. At the time of crackdown, the period of work at the above business place was three to five days, and the defendant received KRW 100,000 from E and received KRW 100,000 from the defendant and received it and received it from the defendant. At the time of the crackdown, E stated consistently to the effect that “A customer who was not the first customer of the defendant, but the head of the business place was not the defendant,” ② A witness E received KRW 100,000 from the defendant, was aware of the fact that he did not receive it from the police officer, and received it from the police officer at the time of reporting the criminal facts to the purport that “A witness at the time of the report was made.”

Therefore, the defendant's above assertion is without merit.

B. As to the wrongful argument of sentencing, 1) The Defendant is the primary offender, etc. is recognized.

2) However, the Defendant’s defense without persuasive power denies the crime.

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