의료기기법위반등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Grounds for appeal;
A. Regarding the violation of the Medical Devices Act, the Defendant sought the answer that there is no problem by asking an employee of the Daejeon Food and Drug Administration prior to advertising the instant vision, and the instant advertisement was conducted. Therefore, the Defendant did not have any criminal intent to commit a violation of the Medical Devices Act. 2) The lower court’s sentencing (2 million won of fine) is too unreasonable.
B. Regarding the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection (Defamation) and Information Protection Act (hereinafter “Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.”) No purpose was to slander the victim as a true fact.
2. Upon ex officio determination, the first and second court sentenced the defendant to a fine of two million won for the former, and the latter to a fine of one million won for each of the above judgments. The defendant filed an appeal against each of the above two appeals cases. The court of the first and second court decided to hold concurrent trials. Each of the offenses against the defendant in the first and second instance court should be sentenced to a single sentence within the scope of punishment for aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below against the defendant is not reversed.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is so decided as follows, since all of the judgment below are grounds for ex officio reversal.
Criminal facts
The summary of the facts charged and the summary of the evidence against the defendant recognized by the court is as stated in the corresponding column of the judgment of the court below 1 and 2. Therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;