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(영문) 부산지방법원 2017.01.20 2016노4536

식품위생법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the decision of the court below on the summary of the reasons for appeal (one year of imprisonment, one year of confiscation) is too unfasible and that the prosecutor is too unfasible and unfair.

2. The Defendant committed each of the instant crimes without being aware of the fact that he/she committed a repeated offense while being in a repeated offense; the Defendant stored and sold a large quantity of forged drugs to infringe on the trademark right and distribute them, thereby disturbing the normal distribution order of drugs and causing danger to the public health, etc. are the circumstances unfavorable to the Defendant.

However, the defendant reflects his wrongness in depth, and the fact that the defendant has no record of punishment for the same kind of crime is favorable to the defendant.

In full view of such circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, the background and motive leading up to the instant crime, and all other factors pertaining to the sentencing as indicated in the instant records and arguments, it does not seem that the lower judgment’s punishment is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.