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(영문) 부산지방법원 2016.06.24 2016노162
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

1. On the other hand, the prosecutor asserts that the above sentence is too unfasible and unfair, while the defendant asserts that the punishment of the court below (two years of imprisonment, three years of suspended execution, three years of fine, 10 million won of fine, two years of observation of protection, confiscation, etc.) is too unreasonable.

2. We also examine the argument of the Defendant and the Prosecutor.

Although the Defendant had been sentenced to suspended sentence for the same type of crime in 2011, he/she again committed the instant crime, and the period for committing the instant crime is long and the profit therefrom also reaches a considerable scale, etc. are disadvantageous circumstances.

However, the defendant recognized the crime of this case and reflects in depth, and the act of this case was conducted under the prior consent of the recipient of the procedure, and the risk is high.

In full view of all other circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of a crime, etc., including the Defendant’s age, sex, family activity, family relationship, motive and consequence of a crime, the sentence of the lower court is not deemed to be too minor or unreasonable, and thus, the Defendant and the Prosecutor’s assertion is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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