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(영문) 서울중앙지방법원 2016.04.21 2016노585
약사법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months and the confiscation) is too unreasonable.

2. The instant crime of this case, based on the reasoning of appeal, affects the national health and sound distribution order of medicines, the Defendant sold medicines exceeding KRW 140 million for about three years, and the fact that the size of seized medicines is not small is disadvantageous to the Defendant.

However, in full view of the fact that the defendant has no record of criminal punishment, the defendant's mistake and reflects the fact that the defendant was detained for a long time due to the instant case, the defendant actively cooperatedd with the investigative agency to arrest an organization selling illegal drugs, and the fact that it appears that the defendant is an offense for livelihood, such as supporting his or her wife and disabled parents, and all of the sentencing conditions in the records and arguments, such as the defendant's age, sex, environment, circumstances of the crime, details, results, and circumstances after the crime, are too unreasonable.

Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below against the defendant, except for addition of the list of offenses attached to this judgment, and therefore, the summary of the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Article 93(1)7 of the Pharmaceutical Affairs Act, Article 44(1) of the same Act (as a whole, drug sales) and Article 93(1)7 of the same Act, the selection of imprisonment;

(b) Each of Articles 93, 66(1)2, and 66(1)4 of the Trademark Act (including each trademark infringement and each of each registered trademarks) shall be subject to imprisonment.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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