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(영문) 서울중앙지방법원 2015.11.26 2015노3873
의료법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The prosecutor asserts that, on the grounds of the appeal of this case, the punishment of the court below against the Defendants (the fine A to KRW 5,000,000, the fine B to KRW 1,000,00) is too unhued and unreasonable.

It is recognized that the size of the business in this case is small, and that Defendant A has been punished once for the same kind of crime, and that there is a circumstance to suspect that sexual traffic, etc. has been conducted at the business in this case.

However, the defendants reflect in depth the mistake, and have already discontinued the business of this case, and are doubtful, but the crimes related to sexual traffic were not prosecuted.

In addition, Defendant B is the primary offender, and Defendant A has no record of being punished by a fine or more.

In light of the aforementioned circumstances, the Defendants’ developments and methods of committing the instant crime, the scale and period of business, the period of punishment, the age, character and conduct, career, home environment, etc. of the Defendants, and all other circumstances, which form the conditions for sentencing as shown in the records and oral argument, do not change compared to the lower court. In full view of all of the aforementioned circumstances, the lower court’s sentencing against the Defendants cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

Therefore, the appeal by the prosecutor against the defendants is groundless, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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