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(영문) 서울동부지방법원 2016.04.22 2015노1618
의료법위반
Text

The defendant's appeal is dismissed.

Reasons

The gist of the Defendant’s appeal is that the sentence of the lower court that sentenced a fine of KRW 2,00,000 is too unreasonable in light of the following: (a) the Defendant was unaware of whether the act of massage was illegal; (b) the Defendant was supported by his livelihood; and (c) the Defendant did not have any criminal record other than a fine for a different kind of punishment once.

However, the argument that the defendant was unaware of the illegality is that there was no criminal intent or there was no perception of illegality by the mere site of the law.

In light of the above circumstances, and considering the various circumstances, including the Defendant’s age and period of crime, etc., a summary order of KRW 4,000,000 was issued to the Defendant, but the lower court’s sentence that sentenced KRW 2,00,000 cannot be deemed to be unfair because of the mitigation thereof.

Therefore, 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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