약사법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment and 2 years of suspended sentence) is too unreasonable.
2. It is recognized that the rebates practices of the judgment pharmaceutical sector are highly likely to be criticized in that they distort the sound distribution system and sales order of the pharmaceutical product, transfer the expenses incurred therefrom to the general public who is the final consumer of the pharmaceutical product, and ultimately cause harm to the public health.
On the other hand, however, the Defendant recognized the Defendant’s mistake and reflects his depth, and the Defendant did not go beyond the practice of the medical and pharmaceutical industry, and committed the instant crime inevitably at the request of the president of the hospital. Such practices of rebates cannot be excluded from the aspects due to the structural problems of the domestic pharmaceutical market, except for the moral and legal defects of individual actors, and the Defendant is a first offender with no record of punishment, and the Defendant seems to have faithfully lived before the instant crime, as well as other favorable conditions of sentencing as shown in the instant records and arguments, such as age, sex, sex, environment, family relationship, motive and background of the instant crime, means and consequence of the instant crime, and the circumstances after the crime. In full view of these favorable circumstances, the lower court’s punishment is somewhat unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed in accordance with the new theory of change.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 94-2 and 94-2 of the former Pharmaceutical Affairs Act (amended by Act No. 14328, Dec. 2, 2016) regarding criminal facts and the selection of punishment.