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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the fact that the lower court recognized the retail price of counterfeit H as KRW 34,00,000 per unit, not KRW 35,00 per unit, thereby adversely affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two years of imprisonment, fine of 180 million won, and fine of 100 million won) is too unreasonable.
2. Determination
A. The term “retail price” under Article 3(1)2 and (2) of the Act on Special Measures for the Control of Public Health Crimes in Respect of the assertion of mistake of facts shall be deemed to refer to the retail price of the drug itself falling under the said Act, and it shall not be deemed to mean the permitted drug corresponding to the drug or the retail price of the product subject to alteration.
(See Supreme Court Decision 2006Do8797 Decided February 9, 2007). The Defendant sold or attempted to sell forged H in KRW 56,00 (Crimes in February 29, 2016 against Victim F), KRW 57,000 (Crimes in March 11, 2016 against Victim F) or KRW 60,00 (Crimes in March 11, 2016 against Victim P and Q). The lower court did not err by misapprehending the fact unfavorable to the Defendant, even if the lower court acknowledged the Defendant as the retail price of H that was less than the actual selling price as above and was charged by the prosecutor, which was less than the actual selling price, as 35,000 won.
The defendant's assertion of mistake is without merit.
B. The lower court’s judgment on the assertion of unfair sentencing is as follows: ① the crime of forging drugs is highly likely to be subject to criticism due to the crime that may disrupt the normal distribution order of drugs and cause harm to the health of many consumers; ② the Defendant’s act of selling forged drugs is considered as disadvantageous to the Defendant, while considering the circumstances unfavorable to the Defendant, ③ the Defendant generally reflects his/her criminal act; ④ hazardous substances are contained in forged drugs.