The case holding that the crime of non-licensed medical services and the crime of non-licensed medical services and the crime of non-licensed medical services are in a mutually concurrent relationship with each other.

An act of abortion with the consent of a woman for business by a person without a license for doctor shall be one of the two elements of the crime of abortion of consent and the crime of non-licensed medical business.

Articles 40 and 269 of the Criminal Act, Article 5 of the Act on Special Measures for the Control of Public Health Crimes

Defendant

Prosecutor

Daegu District Court of the first instance (72 Gohap220, 720, 720)

We reverse the original judgment.

A defendant shall be punished by imprisonment for a year and a fine of KRW 100,000.

When the above fine is not paid, the defendant shall be confined to the employer for a period calculated by converting the amount of KRW 1,000 into one day.

One hundred and fifty-five days of detention days prior to the declaration of the original judgment shall be included in the above imprisonment.

Articles listed in the attached list No. 1 through 11, which are seized, shall be confiscated from all the accused.

The gist of the grounds for appeal by the prosecutor is that even if the causal relationship between the death of the victim in this case and the non-licensed abortion surgery as at the time of original judgment is not recognized, the sentencing of the court below is extremely unfair, and considering various circumstances by considering all the circumstances and records revealed in the trial proceedings, there is no reason to recognize that the sentence imposed by the court below is reasonable and that the amount of the sentence is unfair. However, the prosecutor's appeal by this case is without merit. However, in comparison with the records of the judgment of the court below, the relationship between the defendant's act of refusal of consent and the non-licensed medical business among the facts recognized by the court below is one act, which constitutes two elements, and thus, the relationship between the defendant's act of refusal of consent and the non-licensed medical business, which constitutes two elements, and thus, the judgment of the court below should increase to be imposed on the above two parts, by applying Articles 40 and 50 of the Criminal Act, and thus, the court below should reverse the judgment below's appeal by 387 of the Criminal Procedure Act.

The facts and evidence admitted by the trial court shall be quoted in the judgment of the court below in accordance with Article 369 of the same Act, except that the statement consistent with the facts of the judgment in the trial proceedings of the defendant is added as evidence.

Of the judgment below, the defendant shall be sentenced to imprisonment with prison labor for not more than one year within the scope of punishment reduced under Article 53 and Article 55 (1) 3 of the Criminal Act, and Article 5 of the Act on Special Measures for the Control of Public Health Crimes, Article 25 of the former Medical Service Act, and Article 25 of the former Medical Service Act are applicable to two crimes. Since the two two kinds of acts are so-called, according to Articles 40 and 50 (2) of the Criminal Act, the defendant shall be punished for the violation of the above special measures which were heavier than one among them, and since there are reasons for taking into account the circumstances of the crime, the defendant shall be sentenced to imprisonment with prison labor for not more than one year within the scope of punishment reduced under the latter part of Article 5 of the Criminal Act, Article 10,00 won shall be concurrently imposed within the scope of punishment determined by the latter part of Article 70 and Article 69 (2) of the Criminal Act, the defendant shall be sentenced to imprisonment with prison labor for not more than one hundred and five days shall be provided, and one hundred five days per five days per five days per calendar.

[Attachment]

Judges Kang Shin (Presiding Judge)