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(영문) 서울동부지방법원 2020.06.26 2019노1874
의료법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. Although there are circumstances such as the fact that the crime of this case has a significant side effect on the victim, the sentence of the court below is too unreasonable considering the following: (a) the defendant has recognized his mistake; (b) the defendant paid 5 million won to the victim for treatment expenses, etc.; and (c) the defendant seems to have a sufficient side effect; and (d) the defendant has no record of punishment for the same crime; and (b) other circumstances that form the sentencing conditions in the records, such as the defendant's age, character and conduct, environment, occupation, circumstances leading to the crime of this case; and (c) circumstances

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts recognized by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87(1)2 of the former Medical Service Act (Amended by Act No. 16254, Jan. 15, 2019); Articles 27(1)2 and 27(1) of the former Medical Service Act; the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for reversal of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act are the same as those for the provisional payment order.

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