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(영문) 대구지방법원 2016.12.08 2016노2266
의료기기법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. The fact that the judged defendant recognized each of the crimes of this case, and the defendant only has the record of being punished by a fine once, and there is no record of criminal punishment exceeding the fine (However, the same record of the suspension of indictment twice as the same crime is also considered), etc. is favorable to the defendant.

On the other hand, the fact that the Defendant does not seem to seriously reflect the instant crime, and the instant crime violates the Medical Devices Act with the aim of contributing to the health of citizens and the protection of consumers, and that the Defendant’s false and exaggerated advertisements (it is against the Defendant’s disadvantage, even though the instant medical device was recognized only by the authority as “influence”, despite having been recognized by the authority, it is deemed that the Defendant was fine due to the fact that he was good influence. There have been a lot of difficulties. As such, the fact that the Defendant’s criminal liability cannot be deemed to be light, etc. is disadvantageous to the Defendant.

Considering the above circumstances and other circumstances, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. of this case and the conditions for sentencing as shown in the records and arguments, the sentence of the court below is deemed appropriate as a sentence within the scope of the discretion of sentencing.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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