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(영문) 인천지방법원 2018.02.02 2017노3605
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to the punishment (a fine of KRW 700,000) is too unreasonable.

2. The judgment does not require the defendants to receive money, and it is deemed that the defendants had no criminal history prior to the instant crime. However, in light of the circumstances that the defendants concealed the practical training of trainees and performed illegal surgery, or the risk caused by unauthorized medical practice, etc., the crime quality is not weak. In fact, damage caused by the failure of practice is likely to have been sentenced in consideration of the circumstances favorable to the defendants, and the court below seems to have rendered punishment in light of the defendant's age, sexual behavior, environment, health condition, motive, means and consequence of the crime, and all other factors of sentencing as shown in the instant argument, including the circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is unfair because it is too unreasonable for the defendants to have imposed punishment.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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