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(영문) 광주지방법원 2017.10.25 2017노1380
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A is too inappropriate.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Considering that the nature of the instant crime is not good, Defendant A again commits the instant crime even after the day following the day on which the instant crime was controlled by the investigative agency, and Defendant B had the same criminal record, strict punishment against the Defendants is required.

However, considering the following facts: (a) the Defendants’ mistake is divided in depth; (b) Defendant A is a first offender with no criminal history; and (c) reported the business of beauty art business under the Public Sanitary Control Act after the control of the instant crime; (b) the operating period and the size of its profits; (c) balance with the sentencing with the same kind of crime; and (d) the Defendants’ age, sex and environment; (b) motive, means and consequence of the commission of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy or too unreasonable. Therefore, the above allegations by Defendant A and the Prosecutor are without merit.

3. As such, the appeal by Defendant A and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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