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(영문) 대구지방법원 2016.12.23 2015노4719
의료법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (a fine of KRW 3 million is imposed on the defendants A, and a fine of KRW 1 million is imposed on the defendants B) declared by the court below to the defendants.

2. In light of the strict provisions and legislative purpose of the Medical Service Act that allows only those who are licensed to perform medical practice dealing with human life or body to protect and promote the health of the public, strict regulations and punishment are necessary for the act of this case in light of the following: (a) the Defendants committed the crime of this case; (b) Defendant A did not have any previous criminal record or fine; (c) Defendant A did not directly provide medical treatment due to the attachment; and (d) Defendant A did not temporarily order Defendant B, not the doctor; and (c) the period of non-licensed medical practice was not long; (d) the Defendants did not have any previous criminal record or punishment; (e) Defendant B did not have any previous criminal record; and (e) Defendant B did not directly provide medical treatment due to the attachment; and (e) the Defendants did not have any previous criminal record or punishment; and (e) the Defendants did not have any previous criminal record or punishment for non-licensed medical practice like the crime of this case; (e) the Defendants’ age, character and conduct, family relationship, and circumstances after the crime.

3. As such, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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