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(영문) 인천지방법원 2014.02.07 2014노15
약사법위반
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 30 million won and by imprisonment of 10 months for each of the defendants B.

Defendant .

Reasons

1. The summary of the grounds for appeal against the Defendants A: Imprisonment with prison labor for one year, two years of suspended execution, and two million won of a fine for negligence imposed by the lower court

H. Defendant B: Imprisonment with prison labor for a year is too unreasonable.

2. In full view of all the circumstances indicated in the record, including the fact that the Defendants established and operated a pharmacy for a long time without qualification; Defendant B had already been punished for the same kind of crime but committed the crime of perjury; Defendant B had committed the crime of perjury without being limited to the crime of violation of the Pharmaceutical Affairs Act; Defendant A led to a confession and reflect on the crime of perjury; Defendant A did not have the same criminal record but has been aged older; Defendant A led to a confession and reflect on the crime of perjury; Defendant A was in favor of the Defendants; and other circumstances, such as the character and conduct, environment, motive and means of the crime of this case; and the motive and means of the crime of this case; and the circumstances after the crime, etc., the sentence imposed by the court below against the Defendants seems to be too unreasonable.

3. In conclusion, the defendants' appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for adding “1. Defendants’ oral testimony” to the summary of the evidence of the judgment below, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 93(1)3 of the Pharmaceutical Affairs Act, Article 23(1) of the same Act, Article 30 of the Criminal Act, Article 97, Article 93(1)7, Article 44(1) of the Pharmaceutical Affairs Act, Article 93(1)2 and Article 20(1) of the same Act, Article 30 of the Criminal Act, Article 93(1)3 and Article 23(1) of the same Act, Article 93(1)3 of the same Act, Article 93(1)3 and Article 23(1) of the same Act, Article 93(1) of the Pharmaceutical Affairs Act, Article 93(2) of the same Act, Article 93(1)3 and Article 23(1) of the same Act,

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