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(영문) 서울동부지방법원 2019.02.20 2018노1741 (1)
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. Progress of litigation;

A. The lower court found the Defendant guilty of the instant facts charged and sentenced the Defendant to a fine of KRW 5 million.

B. The Defendant of the judgment prior to remand appealed the judgment of the court below on the ground of unfair sentencing, and the judgment of the court below convicting the Defendant of violating the Medical Service Act ex officio prior to the remanding of the case, which erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, and acquitted the Defendant.

C. The Prosecutor appealed against the judgment of the court prior to the remand, and the Supreme Court reversed the judgment of the court prior to the remand on the ground that there was an error of law by misunderstanding the legal principles as to the acquittal portion against the Defendant, which affected the judgment.

3. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully taking into account all the circumstances, including the various reasons for sentencing asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s sentencing is altered.

4. In conclusion, 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 groundless. It is so decided as per Disposition.

[However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, Article 87(1)2 and Article 33(2) of the Medical Service Act, Article 30 of the Criminal Act, “Article 30 of the Criminal Act,” which is amended ex officio, pursuant to Article 25(1) of the Regulations on Criminal Procedure, shall be amended to “Article 87(1)2 and Article 33(2) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); Article 30 of the Criminal Act.”

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