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(영문) 울산지방법원 2020.04.23 2020노92
약사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the form of punishment and the punishment imposed by the court below are too heavy.

2. Determination of the Defendant recognized the instant crime, and the fact that the Defendant had no record of criminal punishment in Korea prior to the instant crime is favorable to the Defendant.

However, the crime of this case is a sale of abortion, which is a medicine for which the defendant is not allowed to prescribe and sell in the Republic of Korea, and there is a high risk of causing serious harm to the national health, and the number of times the defendant sold abortion for about three months is large to 551 times in total, and the defendant deceivings buyers who are in an imminent situation where he did not want to do so by repackaging the domestic abortion as if he were the abortion of the U.S. remains dead, and the criminal liability of the defendant is not easy considering the following: (a) the method of the crime and the nature of the crime are extremely poor.

In light of all the circumstances described in the reasoning of sentencing and all other conditions of sentencing indicated in the records, it cannot be deemed that the court below's sentence against the defendant is too unreasonable.

The defendant's appeal is dismissed.

[However, Article 93(1)7 and Article 44(1) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act, Article 30 of the Criminal Procedure Act, Article 93(1)7 and Article 44(1) of the Act, Article 93(1)7 of the Pharmaceutical Affairs Act, Article 30 of the decision of the court below shall be deemed to be “the pertinent provision on the first criminal facts,” and Article 30 of the Criminal Act, and Article 30 of the Criminal Act, respectively, shall be amended to change the term “the pertinent provision on the first criminal facts.”

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