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(영문) 인천지방법원 2015.04.17 2014노4744
약사법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

except that from the date this judgment becomes final and conclusive.

Reasons

1. Each sentence (two years of imprisonment) imposed by the court below against the Defendants in the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the instant crime of this case, which was sold by smuggling domestic abortion, the safety of which is not guaranteed, is a crime that may cause serious harm to the public health, and thus, requires strict reduction. The scale of the instant crime is considerable and the scale of the benefit therefrom is not significant.

However, considering the fact that the Defendants recognized the crime of this case, the Defendants did not have the record of punishment for the same crime, the Defendants appears to have an opportunity to sufficiently reflect the criminal punishment for the crime similar to the crime of this case, and the conditions of all kinds of sentencing specified in the records and arguments, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., the punishment imposed by the lower court is somewhat unreasonable, and therefore, the Defendants’ assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A: Articles 93(1)5 and 42(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Article 93(1)7 and Article 44(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act (a) of the same Act, Article 30 of the Criminal Act, the choice of imprisonment, respectively,

B. Defendant B: Article 93(1)5 and Article 42(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act.

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