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(영문) 울산지방법원 2021.02.02 2020노1411
의료법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination is based on the following: (a) the Defendant appears to have an attitude to recognize and reflect his/her mistake; and (b) the offense of violating the Emergency Medical Management Act appears to have resulted in contingent crimes while the Defendant was somewhat interested; and (c) the circumstance is favorable to the Defendant.

However, the defendant was punished twice due to inhalement of hallucinogenic substances, and even if he had been punished for repeated crimes, he did not know about the possibility of criticism and criticism in the crime of this case at the same time, and seems to have no opening, and the degree of assault committed by the defendant to the victim G is not less weak, and the damage of the victim is not recovered, etc., which are disadvantageous to the defendant.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records, such as the Defendant’s age, environment, sex, circumstances after the crime, and whether the change in circumstances occurred after the sentence of the lower judgment, the lower court’s punishment is too heavy or uneasible.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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