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(영문) 서울서부지방법원 2018.10.18 2018노518
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal reasoning is that the act of Defendant 1’s practice constitutes a massage, and it does not constitute a medical practice on the ground that it was done in a way that causes considerable physical shock to his body beyond it.

Even if it falls under domestic medical practice, illegality is excluded because it is a legitimate act under Article 20 of the Criminal Code, which does not violate social rules.

Nevertheless, the lower court erred by misapprehending the legal doctrine, which found the Defendant guilty of the instant facts charged.

B. The lower court’s sentence (an amount of KRW 5 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. The Defendant also asserted as above in the lower court’s determination on the misapprehension of the legal doctrine, and the lower court rejected the Defendant’s allegation on the ground of its explanation.

In full view of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the defendant's allegation of misapprehension of the legal principles is without merit.

B. In full view of the following: (a) the grounds for sentencing alleged by the Defendant for the determination of the unfair argument of sentencing are deemed to have already been fully considered at the lower court; (b) there is no change in the conditions of sentencing in the trial; and (c) other various conditions of sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, and circumstances after the crime, the lower court’s punishment is too unreasonable

There is no reason to believe that the sentencing of the defendant is unfair.

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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