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(영문) 서울북부지방법원 2017.09.22 2017노66
약사법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or legal principles 1) Defendants (1) merely provide the Defendants with information on the efficacy of melting reported to various media, and do not make an advertisement with the content that EXE has efficacy or effect in preventing and treating diseases, or that is likely to mislead or confuse as medicine or health functional food, and it does not make an advertisement with the content that is likely to mislead or confuse non-pharmaceuticals as having medical efficacy or effect.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of all of the facts charged.

② The lower court imposed a fine not imposed on the prosecution concurrently, and there is no ground for concurrent imposition of the fine.

The lower court erred by misapprehending the legal doctrine and imposing a fine in addition to imprisonment (excluding Defendant C, I). 2) The remaining Defendants except Defendant A, as a member of the chest farm of this case, did not take part in the crime, but merely took part in the role of helping the elderly to guide or order the chest farm, and received daily allowances. Thus, the lower court did not intend to commit a crime of violating the Food Sanitation Act and the Pharmaceutical Affairs Act.

The lower court erred by misapprehending the facts, thereby misunderstanding all the charges against the remaining Defendants except Defendant A.

In particular, Defendant J did not receive management by P which supervises the green X-ray sales business of the instant case, and did not divide the opinions by participating in the business contents, and contrary to other Defendants, Defendant J would make free tourism for the elderly by returning to senior citizens’ families or women’s associations, etc.

There is no fact that the leaflet was distributed through the lower recruitment policy.

On November 9, 2015, Defendant E’s request and the sales of legitimate green X-ray is known.

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