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(영문) 부산지방법원 2013.10.18 2013노2643

약사법위반

Text

The defendant's appeal is dismissed.

Reasons

1. It is unreasonable that the court below ordered the defendant to provide community service for 160 hours in light of the defendant's health condition of the reasons for appeal.

2. Determination: ① Ordering the Defendant to engage in a normal social life instead of having a convicted criminal detained in prison for a certain period of time; ② Ordering the Defendant to engage in a social life without remuneration for a certain period of time. This is an institution introduced in consideration of the factors requiring punishment for the offender through forced labor and social responsibility by cultivating the sense of social responsibility through labor; ② Ordering the Defendant to engage in the instant crime to sell medicines over a long period of time to the general public for about nine years even if the Defendant is not a pharmacy owner; the Defendant’s profits therefrom exceed 70,000,000 won; ③ Ordering the Defendant to engage in a social life without remuneration for a certain period of time; ③ Ordering the Defendant to engage in social service activities by blood pressure, blood transfusion, etc.; the Defendant’s health service activities and other types of voluntary service activities cannot be considered to be adequate in light of the Defendant’s age to perform his/her social service activities and other types of circumstances as well as the Defendant’s health service activities.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition