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(영문) 부산지방법원 2014.07.18 2014노1442

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to two million won.

The above fine shall be imposed on the defendant.


1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (two months of imprisonment, two million won of fine, and confiscation) of the original judgment is too unreasonable.

2. In full view of the judgment below, the sentence of the court below is unreasonable because it is judged that the defendant's life reflects the defendant's depth through confinement, that the defendant's profit acquired by the crime of this case is not significant, that the defendant's age, occupation, and all other matters concerning the sentencing specified in the records and arguments of this case, the defendant's argument is with merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Pharmaceutical Affairs Act concerning facts constituting an offense, Articles 93 (1) 4, 31 (1) (the manufacture of medicines without permission), 93 (1) 7, and 44 (1) (the sale of medicines by a non- pharmacy founder) of the Pharmaceutical Affairs Act, Article 93 (2) of the Pharmaceutical Affairs Act, and both imprisonment and fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 of the Criminal Act for the inducement of a workhouse;

1. Article 62 (1) of the Criminal Act for a suspended sentence;