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(영문) 서울고등법원 2017.09.28 2017노1655

보건범죄단속에관한특별조치법위반(부정의약품제조등)등

Text

The judgment below

Part concerning Defendant B, C, and D among them shall be reversed.

Defendant

B In six months of imprisonment, Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of the facts and misapprehension of the legal principles, Defendant 1 produced a small amount of oriental medicine under the order of the court, and Defendant did not sell multi-te medicine to customers whose maul does not fit body through consultation with the herb pharmacist, and there is a problem on the surface of the water.

In addition, the defendant's act is a preparation of multi-art herb drugs, and it does not constitute a manufacture under Article 3 (1) of the Act on the Control of Public Health Crimes.

The sales proceeds of Damb herb drugs, as recognized by the lower court, include the sum of KRW 302,551,000,000, including the sales proceeds of Damb herb drugs, red ginseng, and light survey expenses, which should be deducted.

2) The punishment sentenced by the lower court (a year and six months of imprisonment, a fine of KRW 6.34 million, etc.) is too unreasonable.

B. Defendant C and D’s punishment (Defendant C: a fine of KRW 10 million, Defendant D: a fine of KRW 5 million, etc.) declared by the lower court is too unreasonable.

(c)

The punishment sentenced by the court below to the Defendants (defendant B: fine of KRW 10 million, etc.) is too unhued and unfair.

2. Determination

A. Defendant A’s misunderstanding of the facts and misapprehension of the legal principles as to Defendant A’s assertion 1) The Defendant asserted the same purport as otherwise alleged in this part of the judgment below, and the lower court, in its detailed statement, made a manufacture instead of preparing multilateral herb drugs.

The recognition was recognized.

Examining the reasoning of the judgment below in comparison with the evidence, the judgment of the court below is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles, and this part of the

2) The Defendant asserted that the amount of sales proceeds from oriental medicine oriental is the same as the argument in this part of the judgment below, and the court below stated in detail the decision on this issue, and the sales proceeds of oriental medicine oriental medicine, which the Defendant manufactured and sold, are 6,339,05.