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(영문) 서울중앙지방법원 2016.12.15 2016노3996
의료법위반등
Text

The judgment below

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

Defendant

B A person shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. As to the summary of the grounds for appeal (e.g., imprisonment of 10 months, confiscation, Defendant D: imprisonment of 6 months, suspended sentence of 2 years, community service 120 hours, confiscation) that the court below declared against the Defendants, the prosecutor asserts that it is too unfasible and unfair by the prosecutor, while Defendant B asserts that it is too unreasonable.

2. Determination

A. Defendant B’s place of the crime is a majority of the place where the crime was committed, the period of the crime was long, and the foreigner employed by the foreigner without status of sojourn, and there are unfavorable circumstances such as: (a) the nature of the crime was inferior in terms of the content of each of the crimes of this case; (b) the investigative agency and the lower court’s defense that was not acceptable to the lower court; and (c) taking the attitude to conceal the crime; and (d) the attitude to repeatedly prevent the crime through multiple kinds of criminal records or crimes;

However, in full view of the following: (a) the attitude of recognizing and reflecting one’s mistake in the late trial; (b) each business establishment of the instant case appears to have not committed sex acts and similar sexual acts; (c) there are social discussions about the legality of the act of raising awareness of a person who is not a blind person; (d) the situation in which he/she must support his/her daughter who has mental disorder; and (e) the circumstances leading up to the instant crime; (e) the background, means and result leading up to the instant crime; (e) the Defendant’s age, character and conduct, family environment, etc., and all other circumstances leading to the conditions of sentencing specified in the records and pleadings, even if considering the aforementioned unfavorable circumstances, it is recognized that the sentence imposed by the lower court against the Defendant B is too unreasonable.

B. Although Defendant D has the same criminal records, the punishment shown in the records and arguments, including the fact that he/she acknowledges and reflects his/her mistake, the fact that the period of the crime was not long, and other motives, means and results leading to the crime of this case, the circumstances after the crime, the age of the defendant, character and conduct, environment, etc.

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