logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.05.25 2016노235
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a sentence of one year and six months of imprisonment, a suspended sentence of three years, and a fine of twenty million won, confiscation) is too unreasonable.

2. The following facts are favorable: (a) the Defendant confessions his/her criminal act; (b) the Defendant does not have any criminal record exceeding the fine imposed for the same kind of crime or for a separate crime; (c) the Defendant complaining of a serious side effect among the patients who received medical treatment or purchased medicines from the Defendant; or (d) there is no person who first filed a petition or report with the investigative agency; and

However, the act of manufacturing non-licensed medical practice and non-licensed medical practice should be strictly punished to the extent that it is highly likely to cause harm to the life and body of others. The crime of this case is disadvantageous to the fact that the defendant would have made a considerable import during that period, such as the act of medical practice without permission for about 3 to 4 years, the act of manufacturing and selling medicines without permission, and the act of exaggerated advertising.

In full view of the above circumstances and other circumstances, including the background of the instant crime, the Defendant’s age, environment, health conditions, and the circumstances after the crime, etc., the sentence imposed by the lower court is too heavy.

shall not be deemed to exist.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure: Provided, That under Articles 93(1)4 and 31(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act (Article 93(1) of the Pharmaceutical Affairs Act, Articles 93(1)7 and 44(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act (Article 95(1)10 and Article 68(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Article 30 of the same Act, Article 95(1)10 of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act (the selection of false or exaggerated advertisements, and the selection of fines).

arrow