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(영문) 춘천지방법원 강릉지원 2016.02.04 2015노612
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of two years and six months and by a fine of 5,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of two years and six months, a fine of five million won, 80 hours of sexual assault treatment lectures, confiscation, and additional collection) is too unreasonable.

2. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.

Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that a prosecutor shall apply the applicable provision to “an indecent act by force, etc.” with respect to Article 10(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. Article 298 of the Criminal Act provides that “Article 10(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes” shall apply to “an indecent act by force, etc.” in the judgment of the court below as to Article 10(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, which listed the facts charged in the judgment below

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] Criminal facts concerning a violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) recognized by this court are as stated in paragraph (1) of the criminal facts as stated in the judgment of the court below. Thus, the criminal facts concerning a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Act on Special Cases Concerning the Punishment, etc. of Criminal Crimes) are as follows.

2. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (or by force, etc. on duty);

A. On November 20, 2013, the Defendant committed a crime on November 20, 2013, at the F’s house located in Gangnam-gun, Gangwon-do around November 19:30, the Defendant: (a) embling the victim G (hereinafter “victim”) who was suffering from the treatment of the mouth and flag, and embling the body’s bones after setting the victim on the wall.

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