약사법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant actively participated in the sales crime of this case, etc., the lower court’s punishment against the Defendant (one year of imprisonment, confiscation) is too unfeasible and unfair, in view of the following: (a) the Defendant’s crime of selling this case was committed in a systematic and planned manner; and (b) the Defendant actively participated in the sales crime
B. The above punishment of the court below against the defendant is too unreasonable.
2. In light of the above unfavorable circumstances as asserted by the prosecutor, the court below's punishment against the defendant is somewhat unfavorable, considering the following factors: (a) the defendant committed all crimes of this case, and reflects the error in depth; (b) the degree of the defendant's participation among all crimes of this case seems to be relatively insignificant; (c) the defendant actively cooperated in the investigation; (d) the defendant's profits accrued from the crime of this case are likely to be considered in light of the circumstances leading to the crime of this case; and (e) the profits accrued from the crime of this case are not much significant compared to the accomplice; and (e) the defendant's family and branch members want to take a preference against the defendant; and (e) all the sentencing factors indicated in the records of this case including the defendant's age, character, environment, and circumstances after the crime.
It is recognized that it is too unreasonable rather than that.
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 following decision is delivered
(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately).”
Application of Statutes
1. Criminal facts;