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(영문) 대구지방법원 2016.10.28 2016노3281
약사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (for defendant A: imprisonment of 8 months and defendant B, imprisonment of 10 months) declared by the court below against the defendants is too unreasonable.

2. The facts charged in this case are recognized by the Defendants, and the punishment should be determined in consideration of equity with the case where Defendant A, who violated the Electronic Financial Transactions Act at the same time as the first head of the facts charged in the judgment of the court below, and Defendant B did not have any criminal record other than once a fine due to the violation of the Electronic Financial Transactions Act. Meanwhile, the crime in this case is deemed to have a high risk of adverse effects on the health of the public as it sells illegal drugs for which the ingredients of the Defendants are not verified, and thus, it is necessary to be strict. Since the total sales proceeds of Algara sold together with other accomplices exceeds 1 billion won, the Defendants were involved in the crime in this case for a long time, two times a suspended sentence, three times a fine, etc., and thus, Defendant A, who had the record of criminal punishment on the violation of the Game Industry Promotion Act, committed another crime in this case without being aware of the suspended execution period due to the Defendant A’s participation in the crime in this case, and there is no special circumstance that the amount acquired by the Defendant B’s participation in the crime in this case is beyond 1 million won.

3. In conclusion, the Defendants’ appeal is without merit. Thus, Article 364(4) of the Criminal Procedure Act is not sufficient.

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