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(영문) 대구지방법원 2017.01.12 2016노2631
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) against the Defendants of the lower court is so unreasonable that each sentence of imprisonment (a punishment of one year and two months, a suspended sentence of two years, a fine of 4 million won, a community service order of 40 hours, a community service order of 8 months, a suspended sentence of two years, a fine of 1.5 million won) against the Defendants is too unreasonable.

2. The judgment of the Defendants recognized each of the instant crimes and against their mistake; Defendant A did not have any particular criminal record except for those sentenced to a fine of KRW 500,000 for the crime of injury in 1996; Defendant B also did not have any particular criminal record except for those punished three times due to the violation of the Road Traffic Act, etc.

On the other hand, the defendants' criminal period is not shorter than the period, and the number of persons subject to the procedure is not much much.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment against the Defendants is deemed appropriate as a punishment within the scope of the discretion of sentencing.

Therefore, the Defendants’ assertion is without merit.

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

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