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(영문) 수원지방법원 2018.09.21 2018노4140
의료법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The lower court’s sentence (the suspended sentence of each fine of KRW 700,00) on the summary of the grounds for appeal is deemed to be too unfilled and unreasonable.

2. The lower court suspended the sentence of a fine of KRW 700,000,00, considering the unfavorable circumstances and favorable circumstances to the Defendants.

In full view of the following factors: (a) Defendant A is the first offender in this Court; (b) Defendant B has no criminal history other than that sentenced once to a fine in 1992; (c) a summary clause is a medical practice with relatively less risk to the patient’s life and body; and (d) a summary clause, which is a medical practice with relatively less risk to the patient’s life and body; and (c) a summary clause, the judgment of the lower court exceeded the reasonable bounds of discretion

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances, age, sex, family relationship, etc. after the crime of this case, the sentence of the court below is appropriate, and it is not deemed unfair because it is too unfasible.

3. The appeal by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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