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(영문) 서울서부지방법원 2015.01.23 2014노1437
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable by the lower court’s punishment (a fine of KRW 10 million, KRW 20 million, KRW 1 million, KRW 300,000).

2. The fact that the Defendants recognized the instant crime and opposed to the determination is an element of sentencing favorable to the Defendants.

However, at around 2010, Defendant A had been sentenced to a fine of 1.5 million won by running the same business at the same place for the instant crime, and was sentenced to a fine. On February 9, 2012, Defendant A had the record of being punished three times, such as being punished by a fine of 4 million won for the same kind of crime, and Defendant B and C committed the instant crime even though he was sentenced to the suspension of indictment for the same kind of crime around 201, and there is no change in circumstances to change the sentencing of the lower court, and other various sentencing conditions shown in the records of the instant case, the sentence of the lower court against the Defendants is appropriate.

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

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