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(영문) 의정부지방법원 2018.11.12 2018노903
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended sentence, fine of 500,000 won, and penalty of 490,000 won) is too unreasonable.

2. The circumstances are favorable, such as the recognition of the Defendant’s crime of this case and reflection thereof, the frequency of the crime and the amount of profit, and the fact that there is no record of punishment for the same kind of crime.

However, in full view of all other circumstances, including the Defendant’s age, sex, environment, background of the crime, circumstances after the crime, etc., the lower court’s punishment is deemed reasonable and is too unreasonable, and thus, it does not seem that the Defendant’s argument of sentencing is too unreasonable, on the grounds that the lower court’s punishment is unreasonable, in light of the following factors: (a) the sentence of the lower court contains a huge social risk because it may cause serious damage to the life and health of people; and (b) the sentence of the lower court, which is close to the lowest sentence within the scope of the punishment that has been mitigated by a small amount of punishment.

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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