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(영문) 부산지방법원 2013.03.15 2013노328
의료법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the reasons for appeal is too unreasonable that the punishment of imprisonment (one year of imprisonment) of the original judgment is too unreasonable.

2. In full view of all the facts pertaining to the sentencing indicated in the records of this case, including the fact that the defendant reflects his mistake in depth, that there is no criminal record or criminal record of the same kind, and that the amount of profit actually earned as a result of the crime of this case seems not to be many, the sentence of the judgment of the court below is too unreasonable, and thus the defendant's assertion is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

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

Application of Statutes

1. Article 87 (1) 2 and Article 33 (2) of the Medical Service Act, Article 30 of the Criminal Act and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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