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(영문) 대구지방법원 2014.08.29 2014노746
의료법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years of suspended execution, and one hundred and sixty hours of community service) of the lower court is deemed to be too uneasible and unfair;

2. It is recognized that the judgment of the court below is based on the fact that the defendant led to the crime of this case, that the defendant is responsible for the defendant's occupational negligence in the occurrence of the result of the death of the victim, but the death of this case does not occur by intention, that the court below deposited KRW 35 million for the victim's bereaved families, that the defendant has no record of criminal punishment, that there is a child in need of support by the defendant.

However, the crime of this case was committed for the purpose of treating the defendant without a license even though he is not a medical person, and caused the death of the victim. Although the defendant did not intend to have intentionally the result of the victim's death, the defendant's act resulted in not only a serious result of the victim's death, but also a severe result of the victim's loss of her mother and her mother, the defendant should be punished for severe punishment corresponding to the act of this case, and further, the defendant continued to commit the crime of this case. Furthermore, the non-licensed medical practice is deemed to have caused the crime of this case, and it is necessary to punish the defendant as a crime threatening the life of the people, and even if the defendant was given sufficient opportunity to agree with his bereaved family members, it has not been agreed up until now, and the defendant's mistake is against his own fault.

There are other circumstances such as the fact that the victim did not seem to have committed a crime against the victim's bereaved family member, and the victim's bereaved family member who lost his family member wanted to severely punish the defendant.

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