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(영문) 서울서부지방법원 2017.04.20 2017노3
의료법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (unlawful in sentencing) of the lower court’s sentence (25 million won) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. In full view of the following circumstances: (a) the amount of rebates received in the instant case is a large amount of KRW 45 million; (b) the period of the instant crime is up to two years and eight months; and (c) the Defendant has no record of punishment; (b) the Defendant has recognized and is in depth against the instant crime; and (c) the Defendant has no record of punishment; and (d) the equity between the cases of the same kind in which the favorable circumstances and the amount of benefits, which are favorable to the local senior citizens, are similar in size to those of the same kind; (b) the Defendant’s age, sexual behavior, intelligence and environment; (c) the background leading to the instant crime; (d) the means and method of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unfavorable or unreasonable, and thus, the aforementioned assertion by the public prosecutor and the Defendant is rejected.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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