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(영문) 대구지방법원 2015.05.21 2014노2605
무고등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (one year of suspended sentence in four months of imprisonment) is too unhued.

2. The judgment-free medical practice is a crime that is likely to seriously infringe citizens' health rights, and the defendant, in addition, has caused waste of human resources by using the investigative power and judicial system of the State for personal interests. This is an unfavorable circumstance to the defendant.

On the other hand, since the defendant recognized all of the crimes of this case and sentenced to a fine for violation of the Urban Planning Act in around 2002, there is no other history of criminal punishment until now, and the frequency of unlicensed medical practice is less than the number of times, and the victim was not subject to damage such as the actual criminal punishment or the defraudation of money, and the victim also wanted to be a prior wife of the defendant is favorable to the defendant.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, and various circumstances that form the conditions for sentencing as shown in the instant records and pleadings, such as the circumstances after the commission of the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

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

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