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(영문) 서울남부지방법원 2020.11.24 2019노2679
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the original decision: a fine of KRW 10 million);

2. The judgment of the court below is based on the following factors: although the defendant was present and several times, the last previous and previous convictions were around 2004, and there was no previous convictions for about 14 years until the crime of this case was committed; the defendant did not agree with the victim; the defendant paid 5 million won which is half of the amount of damage; the defendant's non-licensed medical act is contrary and is committed once, and other various sentencing conditions specified in the argument of this case, such as motive and circumstance of the crime, the defendant's age, health, character, conduct, environment, etc., the sentencing of the court below cannot be deemed unfair because it exceeded the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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