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(영문) 대전지방법원 2013.11.21 2013노140
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (a fine of KRW 1,500,000, Defendant B, and C: each fine of KRW 500,000) declared by the court below against the Defendants is too unreasonable.

2. The judgment of the court below is acknowledged to be the first offender, but Defendant A established and operated the instant marina business for about four months as the owner of the instant marina business, and even if there were the previous records of punishment, he again committed the instant crime. The court below seems to have determined the punishment in consideration of the Defendants’ claims, and the sentencing of the Defendants is not deemed unfair even in light of the equity among the cases punished by the same crime. In addition, in full view of the Defendants’ age, character and conduct, environment, motive, means and consequence, the sentencing of the court below is deemed to be appropriate, and it does not seem to be unfair.

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

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