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(영문) 인천지방법원 2015.04.24 2015노38
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, three years of suspended execution, fine of ten million won, community service work 120 hours, probation, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The crime of this case is deemed to have committed an oriental medical act without a doctor's license and is likely to cause a serious hazard to national health and health, and despite the fact that the defendant had been sentenced to a suspended sentence due to an illegal medical act, it seems that the defendant committed the crime of this case for a considerable period of time, or that there is no significant side effect on the defendant, and that there is no benefit acquired by the crime of this case, the defendant's age, character and behavior, environment, motive and means of the crime and consequence, and all other circumstances that form the conditions for the argument of this case and the sentencing as shown in the records, including the circumstances after the crime, are deemed to be adequate.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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