(영문) 전주지방법원 2014.12.05 2014노937 | 리걸엔진

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Reasons

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(영문) 전주지방법원 2014.12.05 2014노937

의료법위반

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 15,000,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants (in the case of Defendant A, 3 years of probation, probation, community service, Defendant B: imprisonment with prison labor for 2 years, 2 years of probation, 3 years of probation, 1 year of probation, 2 years of community service) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. As the judgment of the court below on the grounds for appeal by Defendant A and the grounds for appeal by the prosecutor against the above defendant in detail, as stated in the 13th through 12th of the judgment of the court below, the crime of this case is not very good, the defendant appears to have led to the crime of this case, and the defendant actively attempted to conceal the crime in the course of investigation, etc. It is disadvantageous to the defendant. The defendant recognizes and reflects the crime, the defendant is liable to return a large amount of medical care benefit cost, and the defendant has no record of punishment except for the punishment twice after the crime is sentenced to a fine for this kind of crime. In full view of all other circumstances, it is recognized that the court below's punishment is too heavy or too unreasonable. Thus, the defendant, his defense counsel and the prosecutor's allegation of unfair sentencing is without merit.

B. The judgment of the court below on the grounds of appeal by Defendant B should be strictly punished by considering the facts that the crime of this case is not very good, and the degree of the defendant's participation, as stated in detail in the 13th through 12th of the judgment of the court below. However, the defendant is found to have committed the crime of this case late and half, the defendant is liable to return a large amount of medical care benefit, and there is no record of punishment except that sentenced twice to a fine for the crime of this case.

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