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(영문) 대전지방법원 2016.12.15 2016노2883
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of three million won, confiscation) of the lower court against the Defendant is too unreasonable.

2. The fact that the decision-making defendant reflects his fault is favorable.

However, the Defendant engaged in the business of a licenseless medical practice by running a literacy procedure, and such medical practice has the risk of causing serious damage to the life and health of people, and in particular, the risk of causing side effects, such as blood transfusion, infection, second infection, etc., is highly likely to occur, and thus, there is no substantial social risk. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character, conduct, environment, occupation, details and contents leading to the instant crime, and circumstances after the crime, the lower court’s punishment against the Defendant is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is without merit.

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

However, the summary of the evidence in the decision of the court below is clear that the statement of the police officer in the second sentence "1. G" is a clerical error in the police interrogation protocol of the police officer in the "G", and thus, it is corrected ex officio in accordance with Article 25

.

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