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(영문) 대전지방법원 2017.04.20 2016노3012
의료법위반
Text

The Defendants’ appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the summary of the grounds for appeal (for Defendant A: 1 year and 2 years of suspended sentence of imprisonment for one year and 6 months; and for Defendant medical corporation E medical foundation: Fines 10,000,000) is too unreasonable.

2. It is recognized that the defendants recognized each of the crimes of this case as crimes of this case, and against the mistake thereof, when the sentence of the court below against the defendant A becomes final and conclusive, it constitutes grounds for revoking the license of doctor under the Medical Service Act, and the defendant A has no record of crime exceeding fines, and there are family members to support

However, in light of the strict provisions and legislative purposes of the Medical Service Act that only permit a person who has obtained a license to engage in medical practice dealing with human life and body in order to protect and promote the health of the people, strict regulations and punishment are required with respect to unlicensed medical practice, such as the instant crime, and the Defendant A had approximately 60 patients under an occupational instruction from him/her engage in such medical practice for a long time. In light of the period, content, and circumstances of the crime, the nature of the crime is very heavy, and other factors of sentencing such as the environment, motive, means, and consequence of the crime, etc. of the Defendants, it is not recognized that the lower court’s punishment against the Defendants is too unreasonable.

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

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