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(영문) 서울중앙지방법원 2016.07.14 2016노1392
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of one year and two months and the fine of three million won) is too unreasonable.

2. The judgment of the defendant is recognized as a favorable condition to the defendant, such as the defendant's acknowledgement of his mistake and reflect, the fact that the defendant compensated and agreed on the damage to the victim due to the crime of this case, and the fact that there was no past record of criminal punishment for the same crime between

On the other hand, although the instant crime was committed abroad, medical practice without a license requires strict punishment as an act that may cause serious risks to the health and health of the people and directly injure the order of medical service. The Defendant re-offending the instant crime without any reflective circumstance or change of circumstances that may be newly considered in sentencing after the judgment of the court below was rendered, taking into account all the sentencing conditions of the instant case, including the Defendant’s age, sexual behavior, environment, motive, means and consequence, and the following circumstances, the sentencing of the court below that does not fall short of the scope of sentence of recommendation (one year to two years) determined by the Supreme Court’s sentencing committee (one year and six years) cannot be deemed to be unfair by exceeding the reasonable scope of discretion, as stated in its reasoning.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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