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(영문) 서울중앙지방법원 2017.08.17 2017노1910
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment, two years of suspended sentence, and 80 hours of community service order) is too unreasonable.

2. In light of the favorable circumstances, the lower court determined that the Defendant committed the instant crime even though he/she had been punished by a fine for the same kind of crime at the same place as the instant case, and that the Defendant committed the instant crime; and that the business size of the instant massage practice was not small, the lower court sentenced the Defendant to 6 months of imprisonment, 2 years of suspended execution, and 80 hours of community service order to the Defendant, by taking account of the circumstances unfavorable to each other, in light of the following: (a) the Defendant committed the instant crime.

In light of the sentencing conditions acknowledged by the court below, the sentencing of the court below is deemed to be within the reasonable scope of discretion, and there is no particular change in the sentencing conditions compared to the court below in the final trial, so the sentencing of the court below cannot be deemed to be unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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