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(영문) 부산지방법원 2014.07.18 2014노1542
의료법위반
Text

The judgment below

The part against the defendant shall be reversed.

The sentence of sentence shall be suspended for the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty of the original judgment (the fine of KRW 500,000) is too unreasonable.

2. We examine the judgment of the court below, in full view of all the facts pertaining to the defendant's first offender, the fact that the defendant recognized the crime of this case, the circumstance that the defendant committed the crime of this case, the contents, the progress and progress of the crime, the equity of punishment with co-defendant of the court below, the age, occupation, economic situation, and other records and arguments of this case, since the punishment of the court below is recognized as unfair, the defendant's assertion is reasonable.

3. Accordingly, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the following decision is rendered after pleadings.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87 (1) 2 of the Medical Service Act and Articles 87 (1) and 27 (1) of the same Act concerning criminal facts, the selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (50,000 won a day);

1. Article 59 (1) of the Criminal Act for suspended sentence (Consideration of grounds for reversal);

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