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(영문) 서울북부지방법원 2015.02.12 2015노44

약사법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The Defendant’s crime of this case is in depth against the Defendant’s crime of this case on the ground that the Defendant’s operation of M Co., Ltd. for the purpose of importing, manufacturing, and selling medicinal herbss for the purpose of which the Defendant had no record of punishment exceeding fines; the Defendant appears to have endeavored to purchase and sell medicinal herbss for the purpose of using the results of inspection while keeping the results of the inspection of herbs, which meet the standards, and sold the test report in excess of KRW 00,000,00 by manipulating the test report; although the crime of this case is deemed very bad, the Defendant has already committed the crime of this case on the ground that the Defendant is aware of all the crime of this case and sells medicinal herbss that do not meet the standards for practice; however, the Defendant’s order to suspend the sale of herbs and to recover them; the Defendant’s occupation, motive, and circumstances before and after the crime of this case was committed; the Defendant’s order to suspend the sale of medicinal herbss for M Co., Ltd.; and circumstances leading to the Defendant’s occupation and behavior imposed by the record.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as follows.