logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.09.25 2015노2064
개인정보보호법위반등
Text

The judgment below

Part concerning Defendant A and C shall be reversed, respectively.

Defendant

A and C shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments against the Defendants (a year of imprisonment, a confiscation of the evidence No. 52 through No. 61, a confiscation of the defendant B, a period of eight months of imprisonment, a year of imprisonment, a year of imprisonment, and a confiscation of evidence No. 16 to 33) of the judgment of the court below is too unreasonable.

2. Determination

A. The lower court ex officio rendered judgment on the part concerning Defendant A and C’s violation of the Pharmaceutical Affairs Act, which applied Article 93(1)7 of the Pharmaceutical Affairs Act to the part concerning Defendant A and C’s violation of the Pharmaceutical Affairs Act.

However, Article 93(1)7 of the current Pharmaceutical Affairs Act (amended by Act No. 1314, Jan. 28, 2015; hereinafter “former Pharmaceutical Affairs Act”) provides that Article 93(1)7 of the former Pharmaceutical Affairs Act (amended by Act No. 1314, Jan. 28, 2015; hereinafter “former Pharmaceutical Affairs Act”) shall not apply to the facts constituting a crime committed by the above Defendants prior to the enforcement of the current Pharmaceutical Affairs Act, and Article 93(1)7 of the former Pharmaceutical Affairs Act (amended by Act No. 13114, Jan. 28, 2015; hereinafter the same) (amended by Act No. 13114, Jan. 28, 2015; hereinafter “former Pharmaceutical Affairs Act”).

In this respect, the judgment of the court below on the violation of the Pharmaceutical Affairs Act cannot be maintained.

B. The lower court ex officio determined the part on Defendant C’s violation of the Food Sanitation Act, which applied Article 94(1)1 of the Food Sanitation Act to the part on the Defendant C’s violation of the Food Sanitation Act.

However, Article 94 (1) 1 of the current Food Sanitation Act (amended by Act No. 11048, Sept. 15, 2011; hereinafter the same) (amended by Act No. 12496, Mar. 18, 2014; hereinafter “current Food Sanitation Act”) is effective since six months have passed since the date of its promulgation, which was partially amended by Act No. 12496, Mar. 18, 2014. Thus, the current Food Sanitation Act cannot be applied to the criminal facts of this part committed by the above defendant prior to the enforcement of the current Food Sanitation Act, and is not applicable to the criminal facts of this part of the current Food Sanitation Act (amended by Act No. 11048, Sept. 15,

arrow