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(영문) 서울북부지방법원 2016.01.14 2015노1363
학교보건법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the punishments (two years of suspended sentence for one year of imprisonment, two years of fine, five million won of fine, and five million won of fine, and five million won of fine) that the court below sentenced the Defendants as to the Defendants is unreasonable.

2. Although Defendant A had had the record of being sentenced to a fine twice for the same crime as the instant crime of violation of the Medical Service Act, and Defendant D had no record of being sentenced to a fine for more than twice due to the same crime of violation of the Medical Service Act, and even if Defendant A denies part of the instant crime of violation of the Medical Service Act, and thus, it is difficult to see that Defendant A and C suffered from diseases, such as pregratory cancer, and Defendant A suffered from diseases, and thus, Defendant A seems to have a bad health condition. Since each of the instant crimes was discovered, Defendant C and D did not have the record of being sentenced to a fine more severe punishment, and Defendant C and D did not have the record of being sentenced to a fine more severe punishment or more severe punishment for the same crime of violation of the Medical Service Act, considering the motive and circumstance leading up to each of the instant crimes, the age and circumstances leading up to each of the instant crimes, the age and circumstances leading up to each of the Defendants, the circumstances before and after each of the Defendants’ age, the environment of the Defendants, occupation, and circumstances, etc.

3. In conclusion, the prosecutor’s appeal against the Defendants is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 48(1)1 of the Criminal Act, “1. confiscation” among the application of the law of the court below, is clearly erroneous in office under Article 48(1)2 of the Criminal Act, and thus, the correction is made ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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