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(영문) 울산지방법원 2013.03.15 2012노841
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (one year of imprisonment, etc.) is too unreasonable.

2. The Defendant appears to have no victim complaining of side effects or post-treatment due to the Defendant’s act of the following acts: (a) although there are extenuating circumstances, such as the Defendant’s confession of the instant crime and reflects the Defendant’s mistake in depth; (b) it cannot be deemed that the instant act of the instant sentence may cause side effects, such as blood transfusion and infection and secondary infection; (c) it cannot be deemed that the period of the instant crime is shorter; and (d) the Defendant again committed the instant crime on November 19, 2010, under the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Operators) and one year of suspended sentence and one million won of a fine, and even during the grace period, again committed the instant crime; (b) the Defendant did not appear to have been sentenced to imprisonment with prison labor or imprisonment with prison labor for more than two years and one million won but less than one million won, and considering the above circumstances, the Defendant’s motive and circumstance leading up to the Defendant’s act of the first instance court’s sentencing is unreasonable.

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

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