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(영문) 대구고등법원 2017.05.18 2017노29
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

All appeals by the Defendants are dismissed.

Reasons

Under the summary of the reasons for appeal, the name of "defendant" shall be used only for the defendant falling under each item and the remaining defendants shall be stated only in their names.

A In relation to the fact-finding or misunderstanding of legal principles, Defendant A merely conducted a clinical experiment to clarify the fact that the body of a person remains normal if discharged out of his body, fung and fung in his body, and Defendant A’s production and prescription is not a medicine but an effective food, and if a person drinks it, Defendant A’s act does not constitute a medical practice to treat C, and thus, Defendant A’s act does not constitute a medical practice to treat C.

Nevertheless, the court below found Defendant guilty of this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

Defendant A did not commit an indecent act against the victim with respect to the indecent act by force against the disabled and, even if so, committed an indecent act against the victim.

Even if the victim was unable to resist due to mental disorder, it is not difficult for the victim to resist.

Nevertheless, the court below found Defendant guilty of this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment

In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (a punishment of three years and six months, fine of seven million won, completion of 80 hours in sexual assault treatment programs, confiscation, disclosure of information between three years and three years) is too unreasonable.

Defendant

B (Unlawful Sentencing) In light of the various sentencing conditions of this case, the sentence imposed by the court below (the imprisonment of six months, the suspension of execution of one year, and the fine of one million won) is too unreasonable (the defendant B believed the claim of A in the grounds of appeal and introduced A to the open applicants in the vicinity, even though the symptoms have been shown in the grounds of appeal, and thus, it is the intention or illegality of the crime.

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