logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.07.05 2017노1689
약사법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the Defendant - The lower court’s punishment is too heavy.

B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.

2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.

The crime of this case is committed by a pharmacist strictly selected under a doctor's prescription that helps prevent any misuse or abuse of medicine, drug abuse, and drug abuse, and promote national health. The defendant had been sentenced to a fine three times due to the violation of the Pharmaceutical Affairs Act, including the fact that the pharmacist, while operating the above pharmacy, he had been punished twice for the violation of the same Act. In particular, even though the annual sales of the pharmacy of this case are large-scale pharmacies with a maximum amount of KRW 40-5 billion and has a significant impact on the health of the South Korean residents, it is inevitable for the defendant to repeat the crimes of the same Act without any particular responsibility.

In addition to the above circumstances, the circumstances alleged by the relevant prosecutor as an unfavorable element in the trial of the political party and the circumstances alleged by the defendant as an favorable element in the trial of the court below have already been revealed in the hearing of the court below, and there are no changes in the circumstances concerning the matters subject to sentencing after the sentence of the

The court below determined a punishment by fully taking into account all the circumstances asserted by the defendant and the prosecutor on the grounds of each appeal, and held that such punishment is too minor, or that it exceeded the reasonable scope of discretion on the court’s determination of sentencing due to its gross negligence.

shall not be deemed to exist.

Therefore, each of the improper sentencing of the prosecutor and the defendant is rejected.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow