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(영문) 수원지방법원 2018.04.20 2017노8757
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.

2. The lower court sentenced a fine of KRW 3 million, considering the favorable and unfavorable circumstances to the Defendant.

In light of the legislative intent of the Medical Service Act, which permits the establishment of a place of massage practice only for those who have certain qualifications, the Defendant’s liability for the offense is less severe in light of matters on the condition of sentencing in this Court.

In full view of the facts that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the age, sex, environment, etc. of the Defendant, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

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