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(영문) 서울중앙지방법원 2017.04.27 2016노3928
의료법위반
Text

All appeals by the Defendants are dismissed.

The motion for adjudication on the constitutionality of the instant case is dismissed.

Reasons

1. The sentence imposed by the lower court to the Defendants is too unreasonable as the gist of the grounds for appeal is unreasonable.

2. Determination

A. The fact that Defendant A and B recognize and reflects the instant crime, that the Defendants did not have the same criminal record prior to the instant crime, and that equity should be considered in the case where they were punished concurrently with the crime of violating the Medical Service Act, etc., which became final and conclusive, is favorable to the Defendants.

However, the crime of this case is likely to cause serious social harm, such as confusion in the order of the medical market and ultimately undermining the quality of the medical service provided to the patients, and the size of the crime, the period of the crime, and the proceeds of the crime, the defendants' liability for the crime is light in light of the size of the crime.

In full view of the unfavorable circumstances, such as the Defendants’ age, health, family relationship, and all the sentencing conditions indicated in the records of the instant case, the sentence imposed by the lower court on the Defendants seems appropriate.

B. Defendant E and F Defendants recognized and reflected a crime, the primary crime, the side effects of the instant medical practice did not occur, and the fact that only Defendant E and F run the business of cremation of this case upon the commencement of the investigation, etc. is favorable to the Defendants.

However, in full view of the circumstances unfavorable to the Defendants, such as the Defendants’ adverse effects caused by the medical practice of non-medical professionals, and the Defendants’ liability for the crime period and criminal proceeds, considering the fact that the Defendants’ liability is not less severe, the punishment sentenced by the lower court is deemed appropriate in light of all the sentencing conditions indicated in the instant records, such as the Defendants’ age, family relationship, economic situation, and the circumstances before and after the crime.

3. In conclusion, the Defendants’ appeal is without merit and all of the appeals are dismissed (Article 3, 14, 17, 2016, 2015, and 11, 16, 11, 11, 16, of the judgment of the court below as Defendant E, respectively.

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