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(영문) 서울중앙지방법원 2014.10.23 2014노2516
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the circumstances where the Defendant recognized all of the crimes in this case, and the Defendant did not have a substantial profit from each of the crimes in this case, and rather was placed in the current economic difficult situation in view of the damage, etc., the punishment (fine 15 million won) imposed by the lower court is too unreasonable.

Judgment

Medical practice is closely related to human life, body, or general public, and thus requires public interest only to be permitted to meet strict qualifications, such as high level of professional knowledge and experience. In the same context, the Medical Service Act established a sound medical order and strictly limits the license to establish a medical institution in order to prevent risks to people's health in advance. Each of the crimes of this case is that there is a need to strictly punish the non-medical person as the establishment of a medical institution by lending the name of the medical person for the purpose of pursuing profit-making by the defendant who is not a non-medical person, and there is a need to strictly punish the non-medical person; the medical institution established by the defendant is located in the medical institution; the size is considerably large; the establishment period is not short; the fairness of sentencing with similar cases; the defendant's age, character and conduct; the motive of the crime of this case; and the circumstances after the crime, etc., even if considering all the circumstances asserted by the defendant, the punishment imposed by the court below is too unreasonable. Therefore, the defendant's assertion is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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