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(영문) 서울중앙지방법원 2016.09.30 2016노1621
약사법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the punishment sentenced by the first instance court (a two-year imprisonment, confiscation) of the summary of the grounds for appeal (unfair sentencing), the Defendant asserts that the above punishment is too unafford, and that the prosecutor is too unafford and unfair as the above punishment is too unafford.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

The fact that the defendant repents his mistake, and that there is no record of the same kind of crime, etc. are favorable to the defendant.

However, according to the following circumstances: (a) the instant crime was committed by selling fake drugs that may harm the safety of the life of an unspecified number of unspecified persons without qualifications for drug sales; (b) the nature of the crime is not good; (c) the frequency and sales of the crime; (d) the size of the seized fake medicine; and (e) there is no change in sentencing conditions that may be particularly considered in the appellate trial; and (c) other circumstances that are conditions for sentencing, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime were committed, considering all the circumstances asserted by the Defendant, the sentence imposed by the first instance court is too heavy or less than the scope of sentencing discretion, even if considering all the circumstances asserted by the Defendant.

It is difficult to see it.

Therefore, we cannot accept all the above unfair argument of sentencing by the defendant and the prosecutor.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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