logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.10.13 2015노3396
의료법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the defendant: the fine of KRW 1,500,000) is too unreasonable.

2. The judgment of the court below is the primary crime committed by the defendants, the defendants recognize and reflect all their crimes, and the frequency of the crimes in this case is only one time, and the demand for services such as helping the blood cycle or cutting down guns, etc. is rapidly increased, but the supply of the visually impaired who acquired the qualification to be a massage club does not reach this, so it is difficult to see that the value of punishment against the defendants is significantly high in light of the process of widely spreading the massage by non-disabled persons, and as a whole, various sentencing conditions as shown in the records and arguments in this case, such as the background of the crime in this case, the age, character and conduct of the defendants, and environment, are considered to be somewhat inappropriate, and therefore the defendants' assertion is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendants: Articles 88 and 82 (1) of the Medical Service Act (Selection of Fines)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

arrow