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(영문) 서울중앙지방법원 2018.03.29 2017노4719
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an amount of KRW 3 million) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the judgment defendant recognized the crime, and there is no record of punishment exceeding the fine.

On the other hand, the legislative purport of the Medical Service Act that permits the establishment of a massage clinic only to a person who has obtained the recognition of a certain qualification, the fact that the defendant was punished by a fine of one million won and a fine of one million won for the same crime, but again led to the crime of this case, and that the operating period of the massage clinic is not short, is disadvantageous to the defendant.

Considering these circumstances, the lower court seems to have sentenced the Defendant to a fine of KRW 3 million.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

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, considering the defendant's age, career, sex, environment, family relationship, health status, motive and circumstance of the crime, etc., the sentence of the court below is proper and too unreasonable.

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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