beta
Text
1. The part of the judgment below against Defendant C is reversed.
Defendant
C Imprisonment with prison labor and fines of KRW 3,000,000.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s misapprehension of the legal doctrine as to confiscation (No. 49) stored all the phone numbers, schedules, and contact numbers of other debtors of the Defendant Company B Q-related corporation operated by the Defendant A unrelated to the instant case, and consented to all of the aforementioned mobile phone-related telephone records, etc., and thus, it is unlawful for the lower court to confiscate the said mobile phone.
B. The sentence imposed by the lower court on the Defendants (Defendant A: imprisonment of one year and a fine of three million won, confiscation, Defendant C: imprisonment of one year and a fine of three million won, and Defendant F: 5 million won) are too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below, the above mobile phone was provided to each of the crimes of this case by Defendant A (including some of the co-defendants in the original trial) with one cell phone (No. 49), and there is no need to confiscate the above mobile phone solely for the reasons asserted by Defendant A.
Since it cannot be deemed that the above mobile phone was destroyed or lost, it is legitimate for the court below to confiscate the above mobile phone.
Therefore, Defendant A’s assertion of legal principles is without merit.
B. The fact that Defendant A confessions and reflects the unreasonable sentencing sentencing, and that the Defendant’s substantial amount of profit is not higher than that of the Defendant is favorable to the Defendant.
However, each of the crimes of this case is not appropriate in light of the fact that the defendant, without the intention of the defendant, has been engaged in 38 times for business purposes, and has sold medicines and medical devices for business purposes 13 times without reporting to the competent authorities, not pharmacists, and could have caused serious bodily harm to the patient's life or body.