보건범죄단속에관한특별조치법위반(부정의약품제조등)등
The part against Defendant A in the judgment of the first instance court shall be reversed.
Defendant 2 years of imprisonment and fine of KRW 443,680,00.
1. Summary of grounds for appeal;
A. As to the violation of the Act on Special Measures for the Control of misunderstanding of Facts (manufacturing of Illegal Medicines), the Defendant purchased 500 refined containers and 5,796 refined containers including 500 refined containers and 5,296 refined containers, but discarded a considerable amount of containers due to defective containers, failure to take away in the manufacturing process, 3,500 container storage, and accordingly, manufactured 3,50 drugs. Thus, the Defendant did not manufacture 5,796 drugs as indicated in the facts constituting a crime in the judgment of the first instance.
B. As to the violation of the Act on Special Measures for the Control of Public Health Crimes by misunderstanding the legal principles (the manufacture of illegal medicine), the Defendant divided and subdivided a large volume proteculos into small volume containers, which does not constitute “manufacture” under Article 31(1) of the Pharmaceutical Affairs Act.
C. The sentence of sentence on the first instance of unfair sentencing (three years of suspended sentence for two years of imprisonment, fine of 50 million won, confiscation) is too unreasonable.
2. Determination:
A. As to the assertion of mistake of facts, the first instance court acknowledged as follows based on the evidence of the judgment, namely, ① after having been provided by an investigative agency with the details of purchase of small volume containers and the details of sale of short-sized scambrates, the Defendant stated the quantity of the non-pharmaceutical drugs of this case manufactured by the Defendant (hereinafter “the non-pharmaceutical drugs of this case”), based on the Defendant’s statement, the manufacturing quantity of the non-pharmaceutical drugs of this case was specified; ② the Defendant imported the part of the raw materials and the part of the scambrates, and attempted to manufacture them by mixing with other raw materials, but failed while trying to manufacture them without synthesis or processing; ③ the Defendant asserted that the total quantity of the scambs of the non-pharmaceutical drugs of this case imported by the Defendant exceeds the total quantity of the scambs of the non-pharmaceutical drugs of this case subdivided.