(영문) 대구지방법원 2015.06.26 2015노1533 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.06.26 2015노1533

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment and three million won of fine) is too unreasonable.

2. The crime of this case, like the crime of this case, causes serious harm to the health of the people, requires strict punishment, and the defendant committed the crime of this case even though he had the record of criminal punishment of 2 years of suspended sentence of imprisonment for the same kind of crime in 2012 and 2 million won, even though he had the record of criminal punishment for the same crime of this case in 2012. However, there are circumstances to consider that the defendant led to the confession of the crime of this case, the defendant reflects the wrong life through confinement for about 3 months, and the defendant committed the crime of this case after being requested to do so first from DNA in a pro-friendly relationship, and the crime of this case was committed one time with the main case produced by the defendant for the proper production of D, and the profits derived therefrom are relatively small, compared to other medical acts of this case, the act of unauthorized medical treatment committed by the defendant is relatively less likely to cause the patient's body and health, the circumstances of the defendant's family and the defendant's family, the motive and condition of the crime of this case, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment, so it is all possible to do so in accordance with Article 369 of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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