보건범죄단속에관한특별조치법위반(부정식품제조등)등
The part concerning Defendant A and F among the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
Defendant
A and F shall be punished by imprisonment.
1. Summary of grounds for appeal;
A. Error of fact (Defendant E) found that the Defendant: (a) asked A to manufacture “R” beverage; and (b) requested G to manufacture “R” beverage in the form of Alban medicine; (c) however, the Defendant was unaware of the fact that the aforementioned beverage and Alban medicine contain the ingredients of predinative drugs, such as salinium, etc.
In addition, the Defendant believed that exporting “R” beverages to a foreign country, not a domestic one, does not violate the laws and regulations, and there are justifiable grounds to believe that such export does not violate the laws and regulations.
Nevertheless, the judgment of the court below convicting the charged facts of this case is erroneous and adversely affected by the conclusion of the judgment.
B. The grounds for appeal by the Defendants F on the grounds that the Defendants’ grounds for appeal are unreasonable, because they did not have any fact leading to the manufacture of the above beverages, such as importing the product from the Defendant’s own room and mixing it with “R” beverages or mixing it through A, etc., and do not have any fact leading to the manufacture of the above beverages, and merely contain simple public offering, the lower court determined the punishment on the premise that they led the instant crime by doing the above act, and thus, it is the assertion of unfair sentencing.
The court below's punishment against B (the court below's judgment: two years and six months of imprisonment for each of the Defendants, a fine of KRW 1.5 billion per day, KRW 10 million per exchange inducement, KRW 10 million additional collection of Defendant A, KRW 101,535,00 per day, and KRW 2: Defendant A's fine of KRW 10 million, KRW 50 million per day of exchange inducement) is too unreasonable.
2. Determination
A. The first and second court rendered ex officio decisions with respect to Defendant A, after completing separate hearings with respect to the case of the Busan District Court Decision 2013 Gohap475, 478 (Joint), 482 (Joint), 493 (Joint), 503 (Joint), and the case of the same court 2014 high-level76 (Joint), each of which was sentenced by imprisonment for two years and six months, and fine for five hundred million won for the former, and by a fine for one million won for the latter. Defendant A appealed with respect to each of the above judgment of the court below, and this court filed an appeal against the above judgment of the court below. The above two.