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(영문) 서울중앙지방법원 2016.10.21 2016노2608
약사법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 1’s court (one year and six months of imprisonment) is too unreasonable;

misunderstanding of facts and misapprehension of legal principles were withdrawn on the second trial date of the appellate court.

(b)the first instance sentence of the Prosecutor is too unhued and unreasonable;

2. Although a person was sentenced to imprisonment with labor for one year for the same kind of crime, and was sentenced to China, the person repeatedly committed the crime of this case, which is the same kind during the repeated crime period, and the quantity of fake vigra, etc. sold by the defendant to E exceeds 120,000 won, and its ingredients or safety cannot be verified, and the fact that the nature of the crime is poor is disadvantageous to the defendant.

However, in full view of all the circumstances, including the Defendant’s age, character and behavior, career, family environment, motive and means of a crime, and circumstances after a crime, the first instance court’s punishment is appropriate, and it is difficult to deem that it is too heavy or unreasonable as it is so excessive or unreasonable.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the Trademark Act is deemed to be “the former Trademark Act (wholly amended by Act No. 14099, Feb. 29, 2016)” in the part of the application of the judgment of the court of first instance pursuant to Article 25(1) of the Rules on Criminal Procedure, and “Article 50” is added to the end of “1. Concurrent Crimes”

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