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(영문) 수원지방법원 2014.10.10 2014노4023
약사법위반
Text

1. Each part of the judgment of the court below against Defendant A and B shall be reversed.

2. Defendants A and B shall be punished by imprisonment for one year and two months, respectively.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding or misunderstanding of legal principles (defendant B) Defendant B constitutes a single comprehensive crime under Article 1-A of the facts stated in the judgment below.

On October 30, 2013, the summary order was issued by Suwon District Court on October 26, 2013 due to the criminal facts committed in the same criminal facts as the criminal facts of this paragraph and confirmed on November 26, 2013, and the above summary order and the above 1-A.

The violation of each provision of the Pharmaceutical Affairs Act is a violation of each provision of this case's summary order which becomes final and conclusive in a commercial concurrent relationship.

effect on the criminal facts of this paragraph constitutes grounds for acquittal.

B. Each sentence (Defendant A and B: Imprisonment of one year and six months, and each fine of twenty million won, Defendant R: imprisonment of one year and one year, two years of suspended execution, fine of two million won, community service, and 180 hours) imposed by the court below on the Defendants is too unreasonable.

2. Determination on the grounds for appeal

A. As to Defendant B’s assertion of mistake of facts or misapprehension of legal principles, this part of the facts charged (Article 1-1 of the facts charged in the original judgment)

The summary of the facts charged and the summary of this part of the judgment of the court below are as follows: “A person who intends to import a drug shall obtain permission from, or report to, the Minister of Food and Drug Safety for each item, and no one shall sell the imported drug in violation of this provision. Defendant B, in collusion with the Minister of Food and Drug Safety, sold malicious items, such as protegroids, which amounting to KRW 615,386,643, a total sum of 1,154 times from February 7, 201 to February 13, 2014, 615,386,643,” and the court below convicted all of the above sales periods, and the court below convicted the Defendant of all of the above sales periods, where one act constitutes several crimes, and “one act” here means an act in consultation with the Minister of Food and Drug Safety to be evaluated as a natural state of things in light of social concept, regardless of the legal evaluation (see, e.g., Supreme Court Decision 2017Do3726, Apr. 27, 1987).

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