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(영문) 대전지방법원 2014.07.24 2014노6
의료법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal is unreasonable as it is too unfortunate.

2. The judgment of the court below does not have any criminal power before, and the defendant is judged guilty on the grounds that he is not a visually disabled person, but it is difficult to say that the act of massage itself is highly punished. In fact, it is difficult to clearly distinguish the act of massage that constitutes a medical practice and the act of massage to the extent that he/she merely aims to recover from exposure, and taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the court below's punishment against the defendant is too unreasonable, and thus, the prosecutor's allegation of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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