보건범죄단속에관한특별조치법위반(부정의약품제조등)등
All appeals are dismissed.
The grounds of appeal are examined.
1. As to the Defendant A’s grounds of appeal, the lower court found Defendant A guilty of the instant facts charged (excluding the part not guilty in the grounds of appeal).
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on evidence supporting confessions, amendments to indictments, pharmacy medication under Article 41(1) of the Pharmaceutical Affairs Act, and sales of medicines at places other than pharmacies
In addition, the argument that the judgment of the court below violated the principle of no punishment without law and the principle of proportionality is ultimately an unreasonable sentencing argument.
However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate
2. As to the Defendant B’s grounds of appeal, the lower court upheld the first instance judgment convicting Defendant B of the instant facts charged (excluding the part not guilty in the grounds of appeal) on the grounds as indicated
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the number of crimes committed in violation of the Pharmaceutical Affairs Act, amendment of indictments, and
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.