약사법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the defendant A: 4 months of imprisonment, the suspended sentence of one year, the defendant B, and the stock company: each of the fines of three million won) is deemed to be too uneasible and unfair.
2. The crime of this case is an unfavorable circumstance where the Defendants provided economic benefits to pharmacists for the purpose of promoting the sale of medicines, and the crime’s nature is not less light in light of the period of crime and the amount of money and valuables provided.
On the other hand, the fact that the Defendants recognized their mistake and reflected, Defendant B appears to have participated in the instant crime as an employee of the pharmaceutical company, and there is no record of criminal punishment against the Defendants.
In addition, comprehensively taking account of various sentencing conditions as shown in the records and arguments of this case, including Defendant A and B’s age, sexual conduct, environment, family relationship, and motive for committing the crime, the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it does not seem unfair.
3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.