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Defendant
All appeals against B, E and the Prosecutor’s Defendant E, G, and H are dismissed.
Reasons
1. Grounds for appeal;
A. Defendant B and E’s sentence (Defendant B: imprisonment with prison labor for six months, suspended execution for two years, confiscation, and confiscation for six months, and confiscation) is too unreasonable.
B. The Prosecutor’s sentence (Defendant E, G, and H) of the lower court (Defendant E: Imprisonment with prison labor for 6 months, confiscation, Defendant G: fine of 3 million won, confiscation, and fine of 2 million won) is too uneased and unreasonable.
2. The lower court determined that the crime of this case was committed under the favorable circumstances that the Defendants led to the confession and reflect of the Defendants, and that the crime of this case was committed on the basis of a very large amount of harm and injury to national health and sound distribution order of medicines, and thus, the liability for such crime was not less severe; Defendant B was punished as a fine for the same kind of crime in 2009; Defendant E was punished as a suspended sentence of imprisonment in 2015; Defendant E was punished as a fine in 2015; Defendant E was also punished as a crime of the same kind; Defendant E was also punished for a suspended sentence of imprisonment in 204; Defendant G was not suitable for committing a crime; Defendant G was punished as a fine in 209; Defendant H was punished once for a crime of the same kind of crime in 208; the type and size of medicines; the details and circumstances leading up to the crime of this case; and other circumstances of the Defendants’ age, personality and conduct, health conditions, etc.
Defendant
B, E and prosecutor’s grounds for unfair sentencing seem to be the circumstances in which the lower court has already taken full account of the Defendants’ punishment.
The lower court determined the punishment within a reasonable scope by taking into account the circumstances favorable to the Defendants and the unfavorable circumstances with respect to the sentencing of the instant case, and there are no circumstances to deem that the said sentencing conditions were changed in the appellate court.
Therefore, the lower court’s punishment cannot be deemed to be heavy or light.