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(영문) 서울중앙지방법원 2018.08.30 2018노964
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment with prison labor for six months and one year of suspended sentence) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized the crime and is against the law; (b) the defendant has no previous conviction exceeding the fine; and (c) the fact that the defendant intends to suspend the business of the massage practice center and to dispose of

However, the crime of this case was committed by opening and operating a massage place in spite of being disqualified as a massage club. The Defendant, even after having been punished twice for the same crime, was not subject to the punishment of fines for the crime of this case. In the case of the illegal massage treatment place, such as this case, there is an aspect of promoting additional illegal acts by changing the place of commercial sex acts into a place of commercial sex acts, which is disadvantageous to the Defendant.

In addition, taking into account the following circumstances: Defendant’s age, career, sex, environment, health condition, motive and background of the crime, circumstances after the crime, etc. and the fact that there are no new changes in circumstances that may change the sentence of the lower court in the trial after the crime, etc., the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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