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(영문) 부산지방법원 2012.12.26 2012노2870
약사법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (three million won of a fine) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

While there are favorable circumstances for the defendant, such as murdering, the fact that the defendant is against the defendant, while there is a history that the defendant was punished for the same kind of crime, and the illegal distribution of forged drugs, such as this case, are highly likely to threaten the lives and health of many and unspecified people, are disadvantageous to the defendant. In full view of various circumstances that are the conditions of sentencing appearing in the records, such as character, environment, age, period and scale of handling forged drugs, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is appropriate, and it is not recognized that the punishment imposed by the defendant is too heavy or unreasonable.

3. Accordingly, the appeal filed by the Defendant and the Prosecutor is dismissed as all of the grounds are without merit.

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