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Defendant
All appeals filed by A, B, C, and E and the Prosecutor's Defendant D are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor, the fact that Defendant D, a non-medical person, establishes a medical institution under the name of “Zwon of an incorporated association” can be acknowledged.
Nevertheless, the judgment of the court below which acquitted Defendant D of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence imposed by the court below on the above Defendants A, B, C, and E (the defendant A, B, and E amounting to KRW 15 million each, and the defendant C amounting to KRW 10 million each) is too unreasonable.
2. Determination
A. Examining the evidence duly adopted and examined by the court below in light of the records in light of the fact-finding, the court below's decision that acquitted Defendant D of the facts charged is just and acceptable, and it does not seem that there was an error of mistake of facts as otherwise alleged by the prosecutor in the judgment of the court below.
Therefore, the prosecutor's above assertion is without merit.
B. Although there are favorable circumstances for the above Defendants, including the fact that Defendants A, B, C, and E both recognize and reflects their mistakes, the act of opening a medical institution by a person other than a medical personnel is a crime likely to have a serious impact on the body and health of the people, and thus, it is in need of strict punishment corresponding thereto. In the case of Defendant C, the period of each crime is shorter, the fact that there is a history of criminal punishment for the same kind of crime, and all other sentencing factors as indicated in the argument in the instant case, including the above Defendants’ age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, the scale and operation period of the medical institution, the degree of profits, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.
3. Conclusion, Defendant A, B, C, and E’s appeal and prosecutor’s Defendant D.