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(영문) 서울서부지방법원 2017.11.30 2017노1139
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant led to the instant crime and reflects his mistake; and (b) the first offender is recognized.

However, in full view of the legislative intent of the Medical Service Act that allows the establishment of a massage practice establishment only for the person who has obtained the recognition of a certain qualification, and other various sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable and unreasonable. Thus, the Defendant’s improper assertion of sentencing is without merit.

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

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